Question Tag: Misconduct

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  • 1 Marks

BL – May 2016 – L1 – SA – Q8 – Employment Law

Identify the term for altering school certificates for admission benefits.

Where a student materially alters his school certificate result to gain an advantage for admission to a higher institution, he has committed an offence called
A. Examination malpractice
B. Stealing
C. Forgery
D. Cheating
E. Conversion

Answer:
C. Forgery

Explanation:
Forgery involves altering, making, or presenting a false document with the intention to deceive. This applies to altering certificates for admissions.

  • 20 Marks

BCL – May 2016 – L1 – Q6 – Employment Law

Evaluate the justification for terminating an employee’s appointment, potential legal redress, and the difference between dismissal and termination.

Kojo Mensah was employed by A&B Co. Ltd as a Waste Management technician. Before his employment, Kojo Mensah presented a certificate to evidence the fact that he was very qualified for the job as a Waste Management technician. One and a half years into his employment, Kojo Mensah’s subordinates petitioned the Management of A&B Co. Ltd that Kojo Mensah was not exhibiting a high sense of professionalism in his position as a Waste Management technician, as several complaints were coming from the clients of A&B Co Ltd to the effect that the services being rendered by the Company were unsatisfactory, adding that Kojo Mensah, as the Officer in charge of that unit, could not supervise the operations of the said unit. It later came to light after the company conducted further due diligence on Kojo Mensah’s academic and professional background, that the certificate he submitted for his employment was a forged one. Prior to the submission of the Petition against him, Kojo Mensah had on several occasions been queried by Management for abandoning his duty post and also getting very drunk during working hours. Without giving Kojo Mensah an opportunity to respond to the petition, the Management of A&B Co. Ltd did not dismiss Kojo Mensah but terminated his appointment from the Company on these grounds.

a) Explain whether A&B Co. Ltd was justified in terminating the appointment of Kojo Mensah.

(10 marks)

b) Explain whether Kojo Mensah has any chance of success in seeking redress. (5 marks)

c) Differentiate between dismissal of one’s appointment and termination of one’s appointment. (5 marks)

a)

  • There is a contractual relationship between Kojo Mensah and A&B Co. Ltd.
  • The scenario indicates gross misconduct on the part of Kojo Mensah, including submitting a forged certificate, abandoning his duty post, and getting drunk during working hours.
  • Given these actions, the company was justified in terminating Kojo Mensah’s appointment on disciplinary grounds for gross misconduct.

(10 marks)

b)

  • Kojo Mensah may seek redress in court on the grounds that the company did not give him a hearing before terminating his appointment.
  • The lack of a hearing violates the principles of natural justice, which require that an employee be given the opportunity to respond to allegations before disciplinary action is taken.
  • Kojo Mensah has a chance of success in court, where he could sue for damages for wrongful termination, but he cannot sue for reinstatement due to the non-servitude nature of employment contracts.

(5 marks)

c)
Dismissal:

  • No benefits are payable.
  • No notice or salary in lieu of notice is required.
  • Dismissal necessarily implies disciplinary action.

Termination:

  • The employee is entitled to accrued benefits.
  • Termination requires notice or salary in lieu of notice.
  • Termination may be either disciplinary or non-disciplinary.

(3 marks for each category for a total of 5 marks)

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