YAO NKRUMAH AND MARANATHA BIBLE COLLEGE [2001]DLCHRAJ6090

Date	2001-05-30
Suit No.	Our Ref: CHRAJ/380/99/1986
Citation No.	[2001]DLCHRAJ6090

CHRIS AKUFFO OPOKU

[2001]DLCHRAJ6090
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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">YAO NKRUMAH <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">MARANATHA BIBLE COLLEGE<o:p></o:p>&nbsp;(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/380/99/1986&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 30/05/2001<o:p></o:p>

</div>commissioner:<o:p></o:p>CHRIS
AKUFFO OPOKU DEPUTY CHIEF LEGAL OFFICER 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
Complainant lodged a verbal complaint with the Commission on the 26th
of May ANG NGAM1999 against Maranatha Bible College, his former employer,
claiming end of service<o:p></o:p>COMPLAINANT'S CASE.<o:p></o:p>According
to the complainant, he worked for the respondents as a security guard for eight
and a half years. In May 1997, the college was burgled and the complainant and
another security guard were arrested and interrogated. They were however
exonerated during investigation. Nevertheless at the end of May 1999 the
complainant's appointment was terminated. Demands for his end of service b******
have not been needed by the respondents. The complainant therefore sought the
Commission's assistance to claim his benefits.<o:p></o:p>RESPONDENT'S COMMENTS.<o:p></o:p>The
respondent in their comment intimated that the complainant had indeed been
employed by the and that in February 1997, the college was robbed of carpentry
equipment totalling about Ten million cedis at a time when the complainant was
on duty. Again in May 1997 the college was robbed but the complainant who was
supposed to be on duty did not realise it and therefore only reported it after
12 hours. <o:p></o:p>The
complainant was arrested and interrogated and the college got bail for him. He
refused to resume duty after the 11th of May, 1997 and therefore was deemed to
have vacated his post. The respondent had to employ someone else to watch the
campus. At the end of the month he was paid for the full months work. The
respondent was therefore of the view that they did not owe him any money.<o:p></o:p>COMPLAINANT'S REACTION<o:p></o:p>A
copy of the respondent's comments was sent to the complainant is reaction but
nothing was heard from him. Two reminders were sent but the Commission still
did not hear from him.<o:p></o:p>The
Commission, in the light of the above, was of the view that the complainant was
no longer interested in pursuing his complaint. The Commission thus ceased
investigation in accordance with section 13(1)(b) of Act 456 1993 which states;<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(13(1) “Where in the course
of the investigation of any complaint it appears to the<o:p></o:p>