GORDON DEKU ŻANEY AND GHANA BROADCASTING CORPORATION [2000]DLCHRAJ5799

Date	2000-11-06
Suit No.	Our Ref: CHRAJ/118/97/348
Citation No.	[2000]DLCHRAJ5799

B. K. OPPONG

[2000]DLCHRAJ5799
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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">GORDON DEKU ŻANEY<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">GHANA BROADCASTING CORPORATION<o:p></o:p>(RESPONDENTS)<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/118/97/348&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; &nbsp; &nbsp;06/11/2000<o:p></o:p>

</div>COMMISSIONER:<o:p></o:p>B. K. OPPONG DEPUTY COMMISSIONER LEGAL
&amp; 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">DECISION<o:p></o:p>

</div>The
Complainant was employed by the respondent as a Guest Artiste Translator and
Broadcaster and worked from the beginning of January, 1993 through August 23,
1995 when he received a letter stating that his services with the respondents
had ended. He said that prior to this letter there was a change in the
Directorship and as soon as the new Director General took over, he called for
an interview to be conducted in order to absorb all Guest Artistes into the
Corporation. After the interview, the empoyment of three of them from the Ewe
Department was terminated by the said letter of August 23, 1995. He said on the
advice of the Director of Administration, he complained to the respondent
against his disengagement because the reasons given for his dismissal were
unclear. He said the response to that complaint was that there was no vacancy
for him. However, when he complained to the Commission, the reason given was
that he was disengaged because he was found unsuitable. These contradictory
reasons, coupled with the fact that the other 2 colleagues of his were later
re-engaged, convinced him that he had been cheated.<o:p></o:p>The
respondents were invited on some three occasions to resolve the matter. They,
however, failed to respond to the invitations. The matter was, therefore, heard
in their absence.<o:p></o:p>It
was established during the hearing that the complainant has since his
disengagement gained admission to the University of Ghana. Nevertheless, he insisted
he was entitled to being granted all the three reliefs he was seeking. These
were,<o:p></o:p><ol style="margin-top:0in" start="1" type="1">
 <li class="MsoNormal" style="text-align: justify; border: none;"><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;">Reinstatement.<o:p></o:p></li>
 <li class="MsoNormal" style="text-align: justify; border: none;"><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;">Compensation for failing to offer him
 a permanent job.<o:p></o:p></li>
 <li class="MsoNormal" style="margin-bottom: 5pt; text-align: justify; border: none;"><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;">Full Social Security
 contributions covering approximately 3 years emolument.<o:p></o:p></li>
</ol>It
was the Complainant's contention that even though he was employed as a guest
artiste, he worked full time just like any other permanent staff. He stated,
for example, that he was picked up by the Respondent's vehicle at dawn to the
office to translate and read the news (in Ewe). After that he would continue to
work until the normal closing time for the permanent staff.<o:p></o:p>The Commission's investigations revealed
that despite his holding a temporary appointment, the complainant worked extra
hard and for long hours. As a result he was promised a permanent position by
the then Director-General. Accordingly, the Director-General advised the
Director of Administration to find him a permanent assignment and post him to
Ho.<o:p></o:p>In
line with this advice, the complainant was invited for an interview along with
other guest artists. Unfortunately, he was not taken because, according to the
Respondent, there was either no vacancy or he was found unsuitable.<o:p></o:p>These
contradictory reasons in the complainant's view convinced him that he was
cheated out of the job.<o:p></o:p>