[2009]DLNLC8335 • October 28, 2009 • National Labor Commission
EK. OFOSU & OTHERS vs. ARCH-DESIGN CONSULT
The dispute arose over the employment relationship of the Petitioners, who claimed to be employees of ArchDesign Consult, while ArchDesign Consult and GETFUND disputed the employer-employee relationship. GETFUND had contracted ArchDesign Consult for consultancy services and argued that it was not the employer of the Petitioners. ArchDesign Consult contended that it employed the Petitioners under the contract with GETFUND and that GETFUND approved their salaries and provided resources such as vehicles.
read moreTitle: EK. OFOSU & OTHERS vs. ARCH-DESIGN CONSULT Date: 2009-10-28 Court: National Labor Commission(NLC) ___________ EK. OFOSU & OTHERSvs.ARCH-DESIGN CONSULT[NLC]Our Ref: NLC/C-498/2008/2009/7J DATE: 28TH OCTOBER,2009FOR THE COMMISSON:OPANIN OBENG-FOSU (MEMBER NLC)DECISION Considering the persistence of Arch-Design Consult that Ghana Education Trust Fund (GETFUND) was the Petitioners' employer and having met with both parties,The facts of the case and pleadings may be summed up as follows:GETFUND argues as follows that:1. It gave a contract for Consultancy Services to Arch-Design Consult and that underGeneral Provisions 1.2 of the contract, with the heading “Relation Between the Parties", which states as follows:"Nothing contained herein shall be construed as establishing a relationship of master and servant or of agent and prin.....