Metso Corp. cited for contempt for defying court orders
Metso Ghana Limited, a subsidiary of Metso Corporation of Finland, has been cited for contempt for disregarding an order of the High Court restraining it to stay action on a termination of the appointment of its country manager.
The High Court, presided over by Justice Mrs Cecilia Don-Chebe Agbevey, ordered the company not to take any action pending the determination of a suit filed by Mr Patrick Kojo Boye Offei and Mr Seth Quaye against them.
In spite of the court order, the HR Director of the mother company in South Africa, Mr Victor Mohlate and the Vice-President Finance, Mr Colin Heywood, went ahead to terminated the appointment of the plaintiffs.
The plaintiffs, on May 2, 2014, filed a writ at the High Court praying the court for a declaration that a purported enquiry and hearing, which was conducted by the company on April 29, 2014, was in breach of rules of natural justice and therefore void ab initio and of no legal effect.
According to the writ, the plaintiffs are praying the court for an order of injunction restraining the defendants and its representatives from terminating their employment.
A statement of claim accompanying the writ states that the first plaintiff, Mr Boye Offei was the Director of Finance and Administration of Metso Minerals Ghana and the second plaintiff, Mr Seth Quaye is the Managing Director of Metso Minerals Ghana.
According to the statement of claim, sometime in late February, 2014, the vice president, in charge of finance of Metso Corporation, South Africa, Mr Colin Heywood came to Ghana and made some enquiries on the internal operations of the company in Ghana on the basis of some alleged complaints received against the plaintiffs.
It stated that subsequently in March 2014 the defendants instituted an internal audit and also appointed PriceWaterhouseCoopers (pwc) to conduct investigations into the defendant’s internal operations.
According to the statement of claim, the first plaintiff stated that he remained at post while the said investigations were carried out. But the second plaintiff was asked to stay away from work as investigations were underway.
It said on April 25, 2014 the plaintiffs were invited by Mr Collin Heywood for a meeting on April 29, 2014 and asked to respond to some findings made by the audits carried out.
The statement said the plaintiffs were not given copies of the full audit report for them to know the full details of the allegations made against them and the investigations carried out.
It said before the enquiry was to be carried out with, Collin Heywood and Victor Mholate told the plaintiffs that they would be summarily dismissed so they had the option of either resigning or going through the enquiry after which they would be dismissed all the same.
The statement further stated that the plaintiffs objected to the procedure and enquiry as the defendants ‘representatives had arrived at a conclusion even before the meeting.
It avers that the first plaintiff met with the representatives’ and refuted the issues raised and thereafter they again told him that he had the option of resigning or being summarily dismissed.
According to the statement, the second plaintiff stated that the representatives indicated to him that they would revert to him after he met with them.
It said the plaintiffs stated that the allegations made were without substance and refuted it accordingly.
According to the statement, the plaintiffs averred that the defendants actions were in breach of natural justice.
It said the plaintiffs felt cheated and embarrassed by the sudden of events since they had discharged their duties diligently over the period.
According to the statement, the defendants are seeking for a declaration that the purported enquiry/hearing of April 29, 2014 was unfair and unjust.
Metso is a leading process performance provider with customers in the mining, oil and gas and aggregates industries. In 2013, Metso's net sales totalled 3.8 billion euros. Metso employs approximately 16,000 industry experts in 50 countries.
Metso Ghana Limited is a fully owned subsidiary of Metso and was incorporated in Ghana in 1996. In 2013, Metso Ghana's net sales totalled almost 30 million euros, having grown steadily from 2006 net sales of 7 million euros. It currently employs about 60 people and serves customers in over 12 western African countries.