IN THE MATTER OF JOSEPH SENOO AND TROPICAL CABLE & CONDUCTOR LTD [2016]DLNLC4605

Date	2016-12-16
Suit No.	NLC/368/014/010/31
Citation No.	[2016]DLNLC4605

[2016]DLNLC4605
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													<main id="main" class="content" style="min-height: 60rem" >IN THE MATTER OF JOSEPH
SENOO<o:p></o:p>AND<o:p></o:p>TROPICAL CABLE &amp;
CONDUCTOR LTD<o:p></o:p>[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/368/014/010/31&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: 16TH DECEMBER,
2016<o:p></o:p>

</div>FOR THE COMMISSION:<o:p></o:p>EDWARD BRIKU-BOADU
(CHAIRMAN)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div><o:p>&nbsp;</o:p>The
Complainant filed his complaint on 25th August 2014. The Complainant stated in
his complaint as follows: <o:p></o:p>1.
"I was employed by the company on 25th April, 2008 on gross conciliated
salary of <o:p></o:p>GH¢120.00
per month 2. My job position was Assistant Machine Operator and placed on
"probation of six (6) months to be confirmed, terminated or extended
depending on your performance". 3. I kept diligently performing my duties
until one and a half years later on 17th October, 2009 when I received a letter
from the company saying my appointment had been confirmed "following the
successful completion of your probation". 4. Letter further stated that I
was offered appointment as an Assistant Machine Operator with effect from 1st
of June, 2009 and placed on a gross salary of GH¢150.00 with effect from the
same date. <o:p></o:p>Location:
Ghana Olympic Committee Building (5th Floor) Adjacent Ridge Hospital <o:p></o:p>5.
I see the decisions taken by management as stated in 4 (four) above as a
deliberate orchestration to deprive me of my due in terms of my date of
appointment, my deserved&nbsp; date of
increment in salary and the payment of arrears accrued thereof. 6. Whiles at
work and diligently performing my duty on the 4th February, 2013 there was industrial
accident which resulted in me sustaining a serious injury with a fracture of the
neck of the talus bone, "which bone forms a very important part of the
ankle mortise joint". 7 My foot was put in POP on the 8 February2013 and
removed on the gin April, 2013 that is sixty (60) days after. 8. After this,
there were still severe pains in my ankle and I was attending the hospital as
outpatient for regular review. 9. I was given a final medical discharge to
start work on Monday 16th September, 2013. 10. I was expecting management to be
happy to see me back to work not with amputated leg, but a fully recovered
hardworking man fit to work, but when I reported for work on that day, to my
surprise and trauma, management callously instructed me not to work but go home
and wait for further instructions. 11. Another shock and trauma was released on
me, when on the 25th September, 2013 I was handed a letter with the heading
REDUNDANCY. 12. The contents of this letter stated that, the Standing Joint Negotiating
Committee will meet later to discuss your severance package". 13. I
emphatically state that management action as contained in the said Redundancy
letter is a breach of the Labour Law and our collective agreement and
calculated to take advantage of a vulnerable worker and run away from their own
obligations". <o:p></o:p>He
seeks the following reliefs: <o:p></o:p>1.
"Pay me the arrears of salary plus interest from 25th April, 2008 to 31st
May, 2009 instead of 1st June, 2009. <o:p></o:p>2.
Pay me compensation for the mental Torture and Trauma visited on me by
management because of the industrial accident I suffered working for the
company. <o:p></o:p>3.
Pay me salary and other allowance plus interest from the 16th September, 2013
up to the date of determination of the case, as I still consider myself an
employee of the company <o:p></o:p>4.
Pay me compensation for unfairly declaring me Redundant without any
justification and in breach of the law. 5. The Company pays me all expenses
incurred and costs in pursuing this case for redress" <o:p></o:p>The
Commission urged the Parties to settle the matter. The Parties failed to
settle. On 14th December, 2016 the Commission heard the case. The evidence
showed that the Respondent did not give three months' notice to the union of
the Complaint and did not also notify the Chief Labour Officer. <o:p></o:p>The
Commission also found that the reason for the declaration of redundancy was not
as a result of the contemplation of changes in structure, organisation or
restructuring at the work place as required by section 65 of Act 651. <o:p></o:p>Consequently
the Commission rules that the Respondent action is in violation of the Act and
hence orders compensation of six (6) months' salary in favour of the
Complainant. <o:p></o:p>Katlona!
Labour Commisttor. <o:p></o:p>

The
compensation is to be paid within 14 days upon receipt of the decision at the
National Labour Commission.&nbsp;<o:p></o:p></main>