BERNARD OSEI AND EVANGELICAL LUTHERAN SCHOOLS [2016]DLNLC4604

Date	2016-02-17
Suit No.	-
Citation No.	[2016]DLNLC4604

[2016]DLNLC4604
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													<main id="main" class="content" style="min-height: 60rem" >BERNARD OSEI<o:p></o:p>AND<o:p></o:p>EVANGELICAL LUTHERAN
SCHOOLS<o:p></o:p>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;[NLC]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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Our Ref:&nbsp; NLC/&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 17THFEBRUARY,
2016<o:p></o:p>

</div>FOR THE COMMISSION:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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EDWARD
BRIKU BOADU (CHAIRMAN)<o:p></o:p>

</div>Introduction
<o:p></o:p>On
18th August, 2009, the Commission for Human Rights and Administrative Justice
(CHRAG) referred a complaint it had received from Bernard Osei (hereinafter
referred to as the Complainant), against his former employers, Evangelical
Lutheran Schools (hereinafter referred to as the Respondent), to the National
Labour Commission (NLC) for "perusal and further action". <o:p></o:p>The
petition was heard by the Second Commission but could not take a decision on
the matter until its term came to an end. <o:p></o:p>The
case was relisted before the Third Commission which decided to determine the
matter through summary settlement and requested the parties to present sworn
affidavits and addresses. <o:p></o:p>The
parties complied and on 9th September, 2015 the parties appeared before the NLC
and affirmed that they would rely on their sworn affidavits and addresses. <o:p></o:p>The Case of the Complainant <o:p></o:p>In
his sworn affidavit, the complainant stated that he was employed by the
Respondent in 2008 as a Stores Officer even though he applied for the position
of Accounts officer. <o:p></o:p>According
to him, he had to resign from his employment with Messrs. Issifu Ali and Co. to
take up his new appointment with the Respondent only to be told that his
position had been changed from Accounts Officer to Stores Officer. According to
him, he served probation of six months and after that continued to work with
the Respondent. He further states that, shortly after commencing work he began
to have misunderstanding with his immediate supervisor. The complainant alleged
that he was framed up to have been late to work on one occasion after the
attendance book had been placed elsewhere beyond his reach to record his proper
time of reporting to work. After this incident, he received a complaint against
him that he had insulted a superior officer. <o:p></o:p>He
also stated that in July 2009, he was asked by the Group Accounts Manager to
tutor a newly recruited Stores Officer for the School's office in Tema.
However, on 24th July, 2009, he was handed a dismissal letter without proper
procedure after making him to hand over to the new recruit whom he was told he
was to train for the Tema office. <o:p></o:p>Finally,
he alleged that he was not allowed to take his annual leave even though he
requested for it. <o:p></o:p>The
Complainant filed the following Exhibits to support his case: <o:p></o:p>1.
Letter dated 20th July, 2009 from the Respondent to the Complainant titled
"Summary Dismissal for <o:p></o:p>Gross
Misconduct" (Exhibit A) <o:p></o:p>2.
Letter dated 22nd May, 2009 from the Respondent to the Complainant titled
"Reported to Duty after <o:p></o:p>08.00
Hours" (Exhibit B) <o:p></o:p>3.
Letter dated 11th May, 2009 from the Respondent to the Complainant titled
" Suspension for five <o:p></o:p>Working
Days without pay for Gross Misconduct" (Exhibit) <o:p></o:p>4.
Memo dated 20th May, 2009 from Human Resource/Admin. Manager to Stores Officer
titled <o:p></o:p>"Review
of Effective Date and Duration of Suspension <o:p></o:p>The
Complainant prayed the NLC for the following reliefs: <o:p></o:p>(a)
An Order declaring the said dismissal unlawful (b) An Order for the payment of
all outstanding salaries and benefits from July, 2009 to May, 2010 (c) Damages
(d) Interest thereon at the prevailing bank rate from July, 2009 to May, 2010.
(e) Cost (1) Any other relief as deem fit by the Commission. <o:p></o:p>The Case of the Respondent <o:p></o:p>In
its sworn affidavit, the Respondent stated that the Complainant was among
candidates who applied for the position of Accounts Officer on 14th August,
2008 but was not successful during the interview. According to the Respondent,
because of the Complainant's Accounting background, he was offered the position
of Stores Officer which had also become vacant and he accepted the offer. <o:p></o:p>The
Respondent stated that the Complainant started work on 1st September, 2008 and
that he was placed on probation for six months, ending March, 2009. <o:p></o:p>According
to the Respondent, on 8th January, 2009, one of its officers named Jones Kuteda
wrote to complain to the Human Resource/Administration Manager about an
unacceptable treatment meted to him by the Complainant. <o:p></o:p>