ABRAHAM BONDAH AND STATE TRANSPORT CORPORATION [2001]DLCHRAJ6112

Date	2001-09-14
Suit No.	Our Ref: CHRAJ/644/99/1653
Citation No.	[2001]DLCHRAJ6112

CHRIS.A. OPOKU

[2001]DLCHRAJ6112
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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">ABRAHAM BONDAH<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">STATE TRANSPORT CORPORATION<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/644/99/1653&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 14/9/2001<o:p></o:p>

</div>commissioner:<o:p></o:p>CHRIS.A.
OPOKU DEPUTY DIRECTOR (PROTECTION &amp; ENFORCEMENT) 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">&nbsp;DECISION<o:p></o:p>

</div>This
is a complaint about an alleged wrongful re-deployment for which the
Complainant is asking for the payment of his End of Service Benefits (ESB) and
compensation for financial losses.<o:p></o:p>The
Complainant's case was that he was employed in 1958 at the then Government
Department which became incorporated in 1966. He continued to work until
September 1, 1981 when he took 11 months break. He returned to work until
October 1, 1990 when he was re-deployed. He stated that in 1984 he petitioned
his employers to consider the 11 months break as leave without pay but the
petition was refused. He claimed that at this redeployment his ESB was wrongly
computed resulting in a loss of ¢285,360.00 all of which he is now claiming
from Respondent.<o:p></o:p>For
its part, the Respondent stated that the Complainant was employed on November
15, 1958 as Clerical Assistant. On September 22, 1981, he resigned his
appointment as Clerk Grade I and was paid his full ESB of ¢24,700.80.<o:p></o:p>In
June 1982, he applied for reinstatement. Management, however, re-engaged him as
a new employee instead. Then on September 14, 1984 the RespondentBpetitioned
Management for the restoration of his previous services, but this was refused
as he had already collected his entitlements for the period.<o:p></o:p>Once again according to the Respondent,
the Complainant, on June 13, 1996, petitioned that he should be paid all his
benefits covering the period 1958 to 1990 including the 11 months break.
Initially Management refused the petition. The Board, however intervened and on
humanitarian grounds directed Management to grant the petition.<o:p></o:p>Consequently, Management re-computed the
re-deployment benefits to cover the Complainant's entire period of Service with
the Respondent from November 15, 1958 to October 1, 1990 inclusive of the 11
months break. Accordingly, in April 1993, the Complainant was paid by the
Respondent ¢1,578,028.89 as ESB. In 1996, 3 years after collecting the above
amount, the Complainant started making other demands the subject-matter of the
present complaint.<o:p></o:p>The Commission, after its investigation,
concluded that this matter was resolved in 1993 when the Complainant was paid
the sum of ¢1,578,028.89.<o:p></o:p>This
notwithstanding, the Commission discovered that in 1997, after the Complainant
had attempted to resuscitate the matter, the Respondent requested him to submit
the computation sheet given to him earlier for verification. He however failed
to do so, and has thus slept on his rights, if any.<o:p></o:p>