Court ordered to lift suspension on Total manager

Accra, April 26, GNA - An Accra Fast Track High Court on Thursday ordered Total Ghana Limited (TGL) to immediately lift the suspension of Mr William Thompson, a Manager of the company. It further ordered TGL to pay his salaries and other benefits commencing from November 2005 to date.

It awarded 25 million cedis cost against TGL.

The court noted that TGL did not give Mr Thompson, a Retail Network Development Manager, fair hearing when he was suspended and said this breached the law on natural justice.

Mr Thompson, who had worked with TGL for 16 years, was suspended after the TGL alleged that he had been implicated by two mechanics following some losses.

As a result, the Legon Police invited him and he gave a statement in his capacity as one of the officers whose responsibility, among others, included the supervision of the East Legon filling station. The Police after questioning him did not confront him with any wrong findings nor charge him with any offence. Soon after the TGL wrote a letter suspending him from duty with effect from November 1, 2005.

The letter stipulated that the suspension was to last initially for six months and he was to be paid half of his salary during that period. He was neither invited to appear before any administrative committee nor heard before the purported suspension.

In Mr Thompson's statement of claim, he requested a declaration that his suspension from the company without being heard was wrongful and contravened the constitution.

He also prayed that his suspension was null and void and was of no effect and that his salary and entitlements were paid to him. TGL in their defence stated that the plaintiff's suspension from duty pending results of criminal investigations did not amount to conviction or a decision to terminate his contract of service. According to the defendant criminal investigations were statutory and plaintiff could not usurp the powers of the police.

"In any event plaintiff was given every opportunity by the police to state his case."