JE HAGAN AND GIMPA [1997]DLCHRAJ5764

Date	1997-01-21
Suit No.	Our Ref: CHRAJ/815/94/147
Citation No.	[1997]DLCHRAJ5764

ANGELINA M. ĎOMAKYAAREH (MRS)

[1997]DLCHRAJ5764
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">JE HAGAN<o:p></o:p>&nbsp;(PETITIONER)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">GIMPA <o:p></o:p>(RESPONDENT)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">(CHRAJ)<o:p></o:p>

Our
Ref: CHRAJ/815/94/147&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 21/01/1997<o:p></o:p>

</div>commissioner:<o:p></o:p>ANGELINA M. ĎOMAKYAAREH (MRS)<a name="_gjdgxs"></a> DEPUTY
COMMISSIONER<span style="font-size:12.0pt;line-height:115%;font-family:
&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:
&quot;Book Antiqua&quot;;color:#161600"> FOR <span style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:
&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#111100">COMMISSIONER<span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#161600"><o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DECISION<o:p></o:p>

</div>The Petitioner at the time of the submission of his petition to
the CHRAJ in October, 1994, was a Senior Lecturer at GIMPA where he had worked
for the previous 21 years.<o:p></o:p>The petitioner joined GIMPA in April 1973 as a lecturer. He was
promoted to Senior Lecturer five years later in 1978. In 1986 the petitioner
was also appointed Acting Secretary to GIMPA which position he held for three
years i.e. until 1989.<o:p></o:p>&nbsp;In July, 1989, the
petitioner was appointed Acting Director, Consultancy.<o:p></o:p>&nbsp;He held this position until
August 1994 when he was requested in writing to hand over to a colleague of
his.<o:p></o:p>The essence of the petitioner's complaint before the Commission is
that he has suffered administrative injustice, and violation of his human
rights at the hands of the Respondent who is his employer. The Commission
became seized of the petition through a referral from the&nbsp;&nbsp; Office of the Presidential Adviser on
Governmental Affairs to whom the petitioner had addressed a petition dated 7th
September 1994.<o:p></o:p>The Commission after painstakingly studying the substance of the
petition and other related documents conducted a hearing into the case at which
all parties were represented by counsel.<o:p></o:p>In substantiation of his case, the petitioner deposed in his evidence
supported by documents where necessary that having joined GIMPA in 1973, he
expected that all things being equal, he should have been promoted to Principal
Lecturer in 1983. The petitioner said that in 1986 when he was still not being
promoted, he wrote a petition to inquire about the reason for the delay in promoting
him to the rank of Principal Lecturer. He said he received a reply to the
effect that there was no vacancy in the grade of Principal Lecturer.<o:p></o:p>The petitioner also stated that while he held the positions of Acting
Secretary and later Acting Director, Consultancy, the Director-General never
complained about his work either as Senior Lecturer, Acting Secretary or Acting
Director. He however conceded that his position as Acting Secretary and Acting
Director Consultancy, adversely affected his output in the Classroom.The
petitioner also said that in 1993 he petitioned the GIMPA Court of Governors on
why he was not being confirmed as Director of the Consultancy Division and was
requested in reply to fill in the Promotion form and submit himself thereafter
for an interview for the post of Principal Lecturer.<o:p></o:p>The petitioner said he complied with the above requirement and
submitted himself for interview in September, 1993. He said the outcome of the
interview was that he was not successful. He said he was told that there were
some deficiencies in his performance and that he had to do some remedial works
for one year before his position would be reviewed administratively.<o:p></o:p>The petitioner contended that he had been discriminated against
and contended that some members of staff of GIMPA were promoted to the rank of
Principal Lecturer without attending interview under th</main>