[2015]DLNLC8386December 30, 2015National Labor Commission

UNFAIR TERMINATION BISMARK MENSAH vs. GHANA TOURIST DEVELOPEMNT COMPANY LIMITED

The Complainant, Bismark Mensah, was employed as a Senior Staff by the Ghana Tourist Development Company Limited from 1 October 2006 until his termination on 2 February 2011. The Respondent terminated his employment citing lack of available job, paying him three months' salary in lieu of notice. The Complainant challenged the termination as unfair, arguing that he was effectively made redundant but was not compensated according to the Respondent's Conditions of Service for Senior Staff, which provides for severance pay in redundancy cases.

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Title: UNFAIR TERMINATION BISMARK MENSAH vs. GHANA TOURIST DEVELOPEMNT COMPANY LIMITED Date: 2015-12-30 Court: National Labor Commission(NLC) ___________ UNFAIR TERMINATION BISMARK MENSAHvs.GHANA TOURIST DEVELOPEMNT COMPANY LIMITED[NLC]Our Ref: NLC/C-605/011/016/63L DATE: 30TH DECEMBER, 2015FOR THE COMMISSON:EDWARD BRIKU-BOADU (CHAIRMAN)DECISIONBACKGROUNDThe Complainant was employed by the Respondent as Accounts Officer on 15 October, 2006. His appointment letter stated among other things, that he would "be bound by the Conditions of Service for Junior Staff Members" and that he will "be directly responsible to the Operations / Administrative Manager".The Complainant's duties as spelt out in his appointment letter included performing basic accounting duties, filling PAYE/SSNIT Returns, preparation of staff payroll, preparing monthly and quarterly ...