KWASI ANNO-BARNIEH AND STATE HOUSING CORPORATION [2000]DLCHRAJ5772

Date	2000-08-07
Suit No.	Our Ref: CHRAJ/610/94/1258
Citation No.	[2000]DLCHRAJ5772

BENJAMIN K. OPPONG

[2000]DLCHRAJ5772
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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">KWASI ANNO-BARNIEH <o:p></o:p>(COMPLAINANT)<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">STATE HOUSING CORPORATION <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/610/94/1258&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: 7/08/2000<o:p></o:p>

</div>commissioner:<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:#1F1F00">BENJAMIN K. OPPONG DEPUTY COMMISSIONER <a name="_gjdgxs"></a>LEGAL/OPERATIONS
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:#1F1F00"><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 complainant was employed as Legal Officer
in respondent company in 1985 and later promoted to the post of Chief Legal
Officer. His appointment was terminated in 1991 and paid his benefits up to
15th May 1991. The relief he claimed was to have his benefits calculated from
1985 to 5th May 1993.<o:p></o:p>The
statement of his case is that he was diagnosed in 1989 as suffering from a
heart ailment. He was thus admitted to Korle Bu Teaching Hospital for
investigations and treatment. On the request of the Managing Director, one Dr.
Neequaye submitted a medical report in January 1990 that:<o:p></o:p><p class="MsoNormal" style="margin-left:20.15pt;text-align:justify;text-indent:
-.25in;mso-pagination:none;mso-list:l0 level1 lfo1;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;the
complainant had hypertension with "ischaemia heart decease" which
could lead to fatal heart attach when a severe attack occur;<o:p></o:p><p class="MsoNormal" style="margin-left:20.15pt;text-align:justify;text-indent:
-.25in;mso-pagination:none;mso-list:l0 level1 lfo1;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;the
complainant required urgent investigation and possible operation to
revascularise his heart;<o:p></o:p><p class="MsoNormal" style="margin-left:20.15pt;text-align:justify;text-indent:
-.25in;mso-pagination:none;mso-list:l0 level1 lfo1;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;it was
recommended that the complainant be sent to Britain since the treatment could
not be obtained in Ghana.<o:p></o:p>The complainant then asked the Managing
Director for permission to take his 1985 to 1991 accumulated leave to enable
him travel to Britain for the medical attention, but the request was turned
down. He said he had a relapse at the end of January 1991 and had to be flown
to Britain on 1st February 1991. The complainant's wife then passed the
information on to the Managing Director and submitted an 'excused duty' form
issued to him to be absent from duty for 14 days. The complainant arrived in
London on 2nd February 1991 and immediately informed the Managing Director of
his arrival by a letter dated 6th February 1991. The Managing Director wrote to
the complainant that he had already been informed by his (complainant's) wife.<o:p></o:p>The
complainant stated further that he received a letter dated the 11th April, 1991
from the Managing Director requesting him to report for duty on the 15th May
1991 failing which he would be regarded as having vacated his post. He said
that the letter reached him at a time he was on admission at Newham Hospital,
London. He therefore wrote back to the Managing Director making it clear that
given the situation he was in, it was impossible for him to resume duty on the
15th May 1991. The complainant claimed that he became better in health in April
1993 and returned to Ghana. He reported to the Managing Director and asked for
a letter to attend hospital in Ghana for observation. He also asked to be paid
his salaries but both requests were turned down.<o:p></o:p>By a letter dated 5th May 1993 the complainant
resigned from the services of the company. However when his enti</main>