LAW TIP
An employer is justified in terminating an employee’s appointment if he doubts the trustworthiness of the employee. COLEMAN & ANOR v NEWMONT GHANA GOLD & ORS (J4/67/2019) (10 March 2021)
QUOTE FROM JUDGEMENT
“It is trite that where the trustworthiness of the employee is in doubt as a result of suspicion, the employer will find it unsafe to keep the employee in his establishment. In Kofi Sekyire v Abosso Goldfields Ltd. (Unreported), Civil Appeal No. J4/20/2015, also in [2008] 15 MLR 207, the Supreme Court at page 6 of the judgment said: 15 “In the gold mining industry, it is common knowledge that the raw materials are gold bearing rocks from which the gold is extracted. It stands to reason, therefore, to conclude that bearing rocks on the premises of the Defendant/Company must be valuable and precious commodities which the company would do its utter most to protect. My handling of the gold bearing rocks or concentrate sample in any unusual manner … is bound to create suspicion. And where the trustworthiness of the employee is in doubt as a result of this suspicion the employer would find it unsafe to keep the employer (sic) in his establishment. The employer would be justified to dispense with the services of the employee”. Alex Onumah Coleman and Another Vrs Newmont Ghana Gold and Others (J4/67/2019) (10 March 2021)