MARK BARNOR AND GHANA POSTAL SERVICES [2001]DLCHRAJ5955

Date	2001-01-23
Suit No.	Our Ref: CHRAJ/812/96/482
Citation No.	[2001]DLCHRAJ5955

BENJAMIN K. OPPONG

[2001]DLCHRAJ5955
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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">MARK BARNOR <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 POSTAL SERVICES <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/812/96/482&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
23/01/2001<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>The
Ghana National Association of Farmers and Fishermen acting through its National
President wrote to this Commission informing it that the complainant who was a
former employee with the Post and Telecommunications {P&amp;T} Corporation had
been wrongfully dismissed and called upon the Commission to assist the
complainant seek redress. Attached to the letter were documents to explain the
circumstance of the complainant's case.<o:p></o:p>The
complainant according to the information supplied was a Watchman with the
P&amp;T. It was alleged that on or about the 17th May 1989 the complainant then
attached to the Mamprobi Post Office was instructed to accompany a Mail Van on
its internal despatch from the Mamprobi Post Office but refused to obey the
directives. As a result, the allegation went on, mails were diverted by the
driver and the sorter who had also been assigned the duty of delivery of the
letters.<o:p></o:p>The complainant was summoned before the
Disciplinary Committee of the P&amp;T for an administrative enquiry. He was
found liable and so dismissed.<o:p></o:p>The letter dismissing him stated that the
Disciplinary Board of Enquiry which investigated a charge of negligence had
established his guilt for having done an act which brought the PP&amp;T into
disrepute.<o:p></o:p>The
dismissal took effect from 1st April 1990.<o:p></o:p>There
was information on record that the complainant was an enthusiastic cadre of the
December 1981 revolution and operated with zeal. He lodged a complaint against
the P&amp;T at the PNDC Liaison Office, and the information or record showed
that officials of the P&amp;T were commanded in the name of the State to attend
in person before an investigating panel at the Liaison Office.. Other
revolutionary organs before which the complainant reported included
Mobilization Dept. the CDR National Secretariat and the Gondar Barracks.<o:p></o:p>It
is also on record that at the time of the complainant's dismissal he was giving
evidence as a prosecution witness for the P&amp;T in court. He wrote to say he
would no longer give evidence by reason of his dismissal. There is however no
indication on record that he was compelled to give the said evidence by
subpoena.<o:p></o:p>The P&amp;T were very unhelpful in the
course of the investigations and for quite a long time refused to send in
comments. When they did in July 1999, they raised the issue that the complaint
was statute barred and also the fact that the matter had been litigated
unsuccessfully in the past and therefore should not be tolerated by the
Commission.<o:p></o:p>In the course of investigation by the
Commission it had interview with the complainant who denied that there was an
admi</main>