WILSON OFORI AND TEMA OIL REFINERY [2000]DLCHRAJ5880

Date	2000-11-29
Suit No.	Our Ref: CHRAJ/395/99/515
Citation No.	[2000]DLCHRAJ5880

B. K. OPPÒNG

[2000]DLCHRAJ5880
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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">WILSON OFORI<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">TEMA OIL REFINERY<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/395/99/515&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;29/11/2000<o:p></o:p>

</div>COMMISSIONER:<o:p></o:p>B.
K. OPPÒNG DEP. COMMISSIONER LEGAL &amp; OPERATIONS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<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>INTRODUCTION<o:p></o:p>The
Complainant, who was a Security Guard with the respondent company, had his
appointment terminated on 26th May, 1999 for undermining the authority of
Management. He, on the other hand, thought that his termination was unjustified
and amounted to victimisation.<o:p></o:p>The
issues to determine are: whether his termination was justified and whether it
was a case of victimization.<o:p></o:p><o:p>&nbsp;</o:p>COMPLAINANT'S CASE<o:p></o:p>He
stated that he had had an unblemished record until his victimisation on 26th
May, 1999. He said that about mid-April 1999 it was being speculated that the
Management intended to contract the security gate to a private security
organisation. In his capacity as the Vice- Chairman of the Local Union, he, in
agreement with some of his colleagues, drafted an intended petition to
Management asking for confirmation of the speculation. The petition was further
to assure the Management of the compentence and efficiency of the security
outfit, and their disagreement with the proposed arrangement. He stated that he
submitted the draft petition to this immediate boss for vetting, and to get the
Security foremen to do likewise before transmitting it to the Head of Security,
Col Akowuah for his approval. His immediate boss (Mr Nyatefe) however returned
the draft to him with information that Col. Akowuah had expressed his
disapproval.<o:p></o:p>The
Complainant stated further that he thought that was the end of the matter, and
was therefore surprised that a Committee had been constituted on the matter,
and that Col. Akowuah had appeared before it in May 17, 1999 to testify against
the Complainant, the author of the draft petition.<o:p></o:p>He
stated again that apart from the draft petition, he was also queried for
demanding an amount of ¢100,000 from his foreman (Mr Akorte Amoah) to be taken
out of the Security Welfare Fund for the purpose of influencing someone to
prevail upon the Management to drop the idea of contracting the gate to a
Private Security outfit.<o:p></o:p>Finally, the Complainant alleged victimisation
on several fronts prior to this incident, citing an attempt by the Management
to use the Company doctor to have him transferred to another department on
grounds of ill health. He therefore viewed his termination as "harsh,
excessive and unwarranted", and a real case of victimisation.<o:p></o:p><o:p>&nbsp;</o:p>