MAMA AYAMBILLA & 2 OTHERS AND ELECTRICITY CORPORATION OF GHANA [2001]DLCHRAJ5954

Date	2001-01-29
Suit No.	Our Ref: CHRAJ/REV.10/98/451
Citation No.	[2001]DLCHRAJ5954

BENJAMIN K. OPPONG

[2001]DLCHRAJ5954
																																						<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">MAMA AYAMBILLA &amp; 2
OTHERS <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">ELECTRICITY CORPORATION OF
GHANA <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/REV.10/98/451&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
29/01/2001<o:p></o:p>

</div>commissioner:<o:p></o:p>BENJAMIN K. OPPONG DEPUTY COMMISSIONER
LEGAL/OPERATIONS FOR COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<p class="MsoNormal" align="center" style="text-align:center;mso-pagination:none;
border:none;mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION <o:p></o:p>

</div>This is an application for a review of the
Commission's ruling dated July 14, 1997, which found the Respondent liable for
wrongful dismissal of the Complainants.<o:p></o:p>The
three Complainants jointly lodged this petition on April 15, 1996 seeking
reinstatement. The dismissal, according to them, was as a result of a theft of
a computer and its accessories, property of the Respondent's in which they were
wrongfully accused of complicity.<o:p></o:p>In brief, the facts as stated by the
Complainants are that, the three of them were the Respondent's security at its
Regional Office, Kumasi. In the evening of May 28, 1995 the three of them went
to work at 5.30 p.m. Before settling down to work the 1st Complainant checked
everything as was the practice and found them in order, including Room No.10
where the missing computer was kept and safely locked up. At about 4.00 a.m. on
May 29, 1995, Tanko Dargarti, one of the Complainants discovered a box later to
be identified as a printer under a hedge being the Respondent's cash office. He
made a report to management who in turn reported the matter to the Police. The
three Complainants were subsequently arrested together with two others, Messrs.
Robert Arhin Kinful and Samuel Oduro, and taken into Police custody on
suspicion of stealing a computer and its accessories.<o:p></o:p>All
the three Complainants denied the charge and were released. Thereafter, the
Respondent constituted a Committee of Enquiry to investigate, among others the
role the Complainants played in the theft. The Committee however failed to link
the Complainants directly with the theft. They nonetheless found them guilty of
negligence and, therefore, recommended that they be held responsible for the theft.
Consequently, the Respondents dismissed the Complainants.<o:p></o:p>The
Commission's investigations like that of the Committee revealed no wrongdoing
on the part of the Complainants. The Commission therefore, granted the
Complainants' requests for redress. In lieu of reinstatement however, the
Commission ordered that the Respondent pay to the Complainants all entitlements
due to each of them under their conditions of service. This was to be in
addition to the payment to them of their full salaries for the six and a half
months they had been kept at home during the Committee's investigations.
Lastly, the Commission awarded the Complainants six months full salary as
compensation.<o:p></o:p>It
was this order that the Respondent is asking the Commission to review. As many
as six (6) grounds have been stated by the Respondent as follows:<o:p></o:p>1.
The ruling made is clearly against the weight of evidence.<o:p></o:p>2.
There is a mix-up of dates in the ruling as against what really occurred. This
led to an inaccurate finding. The discovery of box by Mama Ayambilla which was
identified as a printer was at 4.00 p.m. on the 30 May, 1995 which was a
Tuesday.<o:p></o:p>