RALPH K. A. AHIABU AND GHANA ATOMIC ENERGY COMMISSION [2000]DLCHRAJ5834

Date	2000-09-05
Suit No.	CHRAJ/CAR/253/98/37
Citation No.	[2000]DLCHRAJ5834

C. A. OPOKU

[2000]DLCHRAJ5834
																																						<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">RALPH K. A. AHIABU<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 ATOMIC ENERGY COMMISSION<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 1.0pt;
mso-border-bottom-alt:solid windowtext .5pt;padding:31.0pt 31.0pt 1.0pt 31.0pt;
mso-border-shadow:yes">

<p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination:
none;border:none;mso-border-bottom-alt:solid windowtext .5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">CHRAJ/CAR/253/98/37&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;05/09/2000<o:p></o:p>

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext .5pt;
padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>In
his complaint of 25th June 1998, Ralph K. A. Ahiabu, prayed this Commission to
determine whether his interdiction and termination of appointment by Ghana
Atomic Energy Commission, Respondent, were lawful.<o:p></o:p>According
to the facts as gleaned from the complaint, Complainant was employed into the
services of Respondent as a Research Officer in February 1992. He rose to the
position of the Head of the Plant and Soil Sciences of the Biotech and Nuclear
Agricultural Research Institute (BNARI). Complainant alleged that the decision
taken to interdict him arose from circumstances connected with a UNESCO
fellowship awarded him to research into the topic of "In Vitro-heat therapy
for virus elimination in cassava".<o:p></o:p>The charges which were levelled against
Complainant to cause his interdiction were that, firstly, he had not sought
permission before travelling on the fellowship. Complainant stated that he was
not aware that same was a misconduct, in the absence of any authentic
conditions of service for senior staff.<o:p></o:p>Secondly, Complainant was charged with
misconducting himself during the fellowship. To this charge, Complainant stated
that he only reacted to a treatment of racial abuse and exploitation.<o:p></o:p>Finally,
Complainant's punishment was also due to his participation in the fellowship
without knowledge and authorization of his Director. Complainant was quick to
point out that he had submitted his findings on the research work of the fellowship
in a portion of his 1997 Annual Report to his Director. Complainant made
particular reference to an action taken by Respondent to withhold his salary
for the month of June 1998, even when he had worked for more than half the
month. After this complaint, however, the said salary for June 1998 was made
good to the Complainant.<o:p></o:p>At the inception of the Hearing into this
matter, Counsel for Respondent submitted that his clients had appointed a
Committee of Enquiry (COE) to investigate Complainant's alleged misconduct and
was calling on this Commission to allow the internal investigations to be
concluded before the Hearing was conducted. In the course of time, Respondent
terminated Complainant from their employment.<o:p></o:p>In his testimony sworn on oath at a Hearing,
Complainant stated that he had been involved in cassava research over a period
to improve the local cassava varieties to resist the African cassava mosaic
virus disease. In this vein, he applied for a UNESCO fellowship sometime in
1996 to do a specific research in that field which he could not do at the
Respondent Institute. The suitable laboratory was the Vegetable and Ornamental
Plant Institute in South Africa. Travel arrangements to the venue could only be
finalized in mid September 1997. Some facilities which were promised
Complainant were: a. <o:p></o:p><p class="MsoNormal" style="margin-left:.5in;text-align:justify;text-indent:-.25in;
mso-pagination:none;mso-list:l1 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;
a meeting at the airport by a
guide;<o:p></o:p>