Can You Dismiss an Employee Without Giving Them a Chance to Respond?
By Uncategorized

Case: Manford Gyansa-Lutterodt v Afam Concept (Supreme Court, 2023).

An employee challenged the termination of his employment. The National Labour Commission found that he had not been given an opportunity to respond to the charges relied upon for his dismissal.

The Commission ordered compensation of nine months’ salary and payment of GH¢57,000 in employment-related expenses owed to him. The Supreme Court proceedings concerned the legal process for appealing the Commission’s decision.

What should HR learn?

  • Investigate allegations before making a final decision.
  • Clearly communicate the allegations to the employee.
  • Give the employee a meaningful opportunity to respond.
  • Document the investigation, findings and decision.

The lesson: A disciplinary decision should not be based only on management’s conclusions. A fair process matters.

Discussion: Does your organisation give employees an opportunity to respond before disciplinary decisions are made?

Source: Read the Supreme Court judgment. This is an educational summary, not legal advice.