10 dismissed adb staff sue bank
Ten dismissed members of staff of the Agricultural Development Bank (ADB) have filed a suit claiming a total sum of GH¢1.5 million for wrongful dismissal.
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They are also asking the Industrial and Labour Division of the High Court to order their former employer to award each of them with seven years’ gross salary for unlawful dismissal.
Messrs Charles Oduro, Panin Fredua-Agyeman, Daniel Dery, Yaw Osei-Poku, Mark Imoru, Nurideen Mohammed, Kwabena Agyenim-Boateng, Abdul-Mansur Ibrahim, Kenneth Eben Adanyinah and Priscilla Kuranchie are arguing that they did not breach any law to warrant their dismissal.
A writ of summons issued on their behalf by their lawyer, Mr Samson Lardy Ayenini, is praying the court to award general damages and costs, as well as direct the defendant to write “excellent reference signed by the managing director”.
The plaintiffs, who have been in the employment of the ADB between two and 31 years, are further requesting “an apology from defendant bank, signed by the managing director and for publication in the Daily Graphic within 14 days from the day of judgement”.
Written off loans
The plaintiffs, except Mohammed, are urging the court to write off loans advanced to them from the date of the said dismissal as part of compensation for what they termed their “purported dismissal”.
“A declaration that the results of the purported disciplinary proceedings, the purported consideration by the executive committee and reviewed by the board of directors were irregular and in violation of the rules of natural justice,” one of the reliefs prayed.
A declaration that the plaintiffs did not breach the bank’s Collective Bargaining Agreement (CBA), as well as an order holding that the results of a purported disciplinary proceeding and any other actions based on same were null, void and of no effect are also being sought by the plaintiffs, among other reliefs.
Statement of claim
A statement of claim accompanying the writ of summons noted that the plaintiffs, who had at all material times given their best to the bank, were issued query memos on August 19, 2015, for alleged breach of the company’s CBA.
It said the plaintiffs answered and denied any wrongdoing but the defendant, nonetheless, set up a committee, which eventually recommended their dismissal.
According to the plaintiffs, their dismissal was as a result of a grand scheme of “witch-hunting and victimisation”, particularly against Fredua-Agyeman, Imoru, Mohammed, Agyenim-Boateng and Adanyinah who had exercised their fundamental human and economic rights.
For instance, it said Imoru was the Chairman of the Professional and Managerial Staff Union (PSMU) of the Union of Industry, Commerce and Finance (UNICOF) of the TUC.
“Plaintiffs shall contend that the purported disciplinary proceedings against them were irregular, improper and in breach of the rules of justice as regards the constitution of the panel and the proceedings thereon, and that the executive committee and the board of directors acted unlawfully in considering a purported report resulting from the proceedings and reviewing any recommendations therefrom and consequently ultimately instructing the dismissal of the plaintiffs.”
“The plaintiffs shall contend that in any event, the charges pressed against them are neither maintainable, nor were same proven against them to warrant their dismissal from the defendant’s employment.”
“Plaintiffs shall contend that the curious coincidental decision by the defendant to collapse plaintiffs’ said SME Department of the defendant at a time when plaintiffs had been sent home on interdiction, and the decision to internally advertise new roles in place of plaintiffs and denying plaintiffs any opportunity to avail themselves of same amply demonstrates prejudice and predetermination to pronounce plaintiffs’ guilt and exclude them from defendant’s employment by the said dismissal,” the statement of claim pointed out.