- 10 Marks
Question
a) Gyabaa is a Senior Staff at Manopor Company LTD. The Code of Ethics of the company prohibits drinking alcoholic beverage during working hours. As part of the company’s culture, assorted drinks including alcoholic beverages are made available to all staff once every two months for three hours before the closing hours with no limits on how much each member of staff can consume. After one of such drink ups, Gyabaa, whilst driving home, had an accident and injured another road user. The cause of the accident was attributed to excess intake of alcohol by Gyabaa. Ahorlu, the injured victim is claiming he will take the matter to the Supreme Court.
Required:
i) Can the management of Manopor Company LTD be held liable for the accident caused by Gyabaa? (5 marks)
ii) Explain if Ahorlu can sue the company at the Supreme Court. (5 marks)
Answer
i) Every individual is responsible for his own tort. However, in the employee/worker relationship, only the worker can make their employer vicariously liable for their torts. The privilege accrues to the worker in the course of lawful duty. The privilege does not avail a worker who is on the frolic of his own.
In the present case, the code of ethics bars a worker from taking alcoholic beverages during working hours. Despite the provision of assorted drinks that included alcoholic beverages, the drink-up privilege does not erode the code of ethics. The attribution of the accident to excess drink indicates his violation of the code of conduct. He cannot invoke the principle of vicarious liability to his advantage. Gyabaa drank in excess on the frolic of his own.
The Management of Manopor Company LTD, therefore, bears no liability for Gyabaa’s accident and injury to Ahorlu. (5 marks)
ii) The Supreme Court is the apex court of Ghana. Under article 129 of the 1992 Constitution, the Supreme Court is the final court of appeal and shall have such appellate and other jurisdiction as may be conferred on it by the constitution or by any other law. While the Supreme Court has appellate jurisdiction, and exclusive jurisdiction in other matters, and judicial review, in the current case, Ahorlu cannot sue in this Supreme Court. (5 marks)
- Tags: Board Appointments, Minister for Trade, Remedies, Shareholding
- Level: Level 1
- Topic: Company directors and other officers, Employment law, Tort
- Series: Nov 2024
- Uploader: Kwame Aikins