EMMANUEL BATSA & ANOR. AND TAKORADI FLOUR MILL [2000]DLCHRAJ5790

Date	2000-10-05
Suit No.	Our Ref: CHRAJ/REV.31/99/42
Citation No.	[2000]DLCHRAJ5790

BENJAMIN K. OPPONG

[2000]DLCHRAJ5790
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<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">EMMANUEL BATSA &amp; ANOR.<o:p></o:p>(COMPLAINANTS)<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">TAKORADI FLOUR MILL<o:p></o:p>(RESPONDENT)<o:p></o:p>(CHRAJ)<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">

Our
Ref: CHRAJ/REV.31/99/42&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;05/10/2000<o:p></o:p>

</div>COMMISSIONER:<o:p></o:p>BENJAMIN K. OPPONG DEPUTY COMMISSIONER
LEGAL/OPERATIONS<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">REVIEW
DECISION<o:p></o:p>

</div>The complainants lodged a complaint with
the Takoradi office on 21 September 1999 claiming payment of half salary from
December 1996 to October 1998.<o:p></o:p><o:p>&nbsp;</o:p>COMPLAINT
<o:p></o:p>They stated in their complaint that they
were former employees of respondent. On 16" December 1996 they were cited
in a theft case. As a result they were suspended and put on half salary.
Subsequently they were arraigned before the Takoradi Circuit Court. The court
found them guilty and fined them ¢400,000 and ¢600,000 respectively. Their
contention was that they were entitled to be paid their outstanding half salary
in accordance with the provisions of the Collective Bargaining Agreement.<o:p></o:p><o:p>&nbsp;</o:p>COMMENTS
<o:p></o:p>The respondent admitted placing the
complainants on suspension. It similarly admitted that they were entitled to
half of their monthly salary pending the outcome of the court case. It however
explained that the two complainants and five other ex-employees were part of a
stealing syndicate who managed to steal over three thousand bags of flour
(3,000) from the factory premises of Takoradi Flour Mill over a period of three
(3) months. It was while on one of their operations on 16th December 1996 that
they were found out, reported to the police, and subsequently tried and
convicted.<o:p></o:p>The respondent submitted further that as a
result of the criminal acts of those employees, it lost over $145,000,000 being
the cost of the 3000 bags of flour stolen from the factory. The ex-employees
were consequently surcharged with their outstanding half salaries; but even so,
the ex-employees were still liable to pay the difference which was well over
$100,000,000.<o:p></o:p>According to the respondent, it had
decided not to sue the complainants for the recovery of the outstanding amount
of money, but if the complainants persisted in their demand for payment of
their half salary, it would have no option but to claim a set-off and counter
claim for the balance.<o:p></o:p>As regards Emmanuel Batsa, the respondent
said that apart from the set-off, it acted as his guarantor in a loan granted
by the Ghana Commercial Bank; that it had paid the outstanding balance of
¢292,000 and did not intend to claim it from him. Besides, Emmanuel Batsa had
resided in its premises from December 1996 to October 1997 without paying his
monthly rent.<o:p></o:p>