ADDOPLEH FRANK AND GHANA RUBBER PRODUCT LTD. [2001]DLCHRAJ6114

Date	2001-12-12
Suit No.	Our Ref: CHRAJ/1635/2001/910
Citation No.	[2001]DLCHRAJ6114

CHRIS AKUFFO-OPOKU

[2001]DLCHRAJ6114
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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">ADDOPLEH FRANK<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 RUBBER PRODUCT LTD.<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/1635/2001/910&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 12/12/2001<o:p></o:p>

</div>commissioner:<o:p></o:p>CHRIS
AKUFFO-OPOKU DEPUTY DIRECTOR (PROTECTION/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">SUMMARY DECISION<o:p></o:p>

</div>Complainant
alleged that he was summarily dismissed for no good reason. He also alleged
that his involvement in workers' solidarity movement might have engineered a
bad blood between him and the management of the Respondent's Company.
Complainant believes that his dismissal is unlawful and called upon Respondent
to review their decision. He is of the view that his entitlements must be paid
with interest together with compensation for the wrongful conduct.<o:p></o:p>When contacted by the Commission to
comment on the complainant, the Respondent furnished the Commission with
detailed information on the Complainant. The Commission believes that the
information received from the Respondent is good enough for the purposes of
this decision.<o:p></o:p>Moreover,
the complainant was given copies to react to them, which he did almost
promptly.<o:p></o:p>Respondent's Case<o:p></o:p>The
Respondent's reaction to the complaint stated inter alia, that the Complainant
was lawfully dismissed and paid all his entitlements. It was contended that the
Complainant had been warned on several occasions for various offences. Evidence
of warning letters and suspensions from duty were attached to their reaction to
the complaint. In all these were two warning letters and four suspensions.<o:p></o:p>The
Respondent's were of the view that the Complainant had been tolerated for far
too long. They stated that some drastic decision was to be taken to instil
discipline into the workers.<o:p></o:p>Respondent
also believes that their decision was fair and with due regards to the law.<o:p></o:p>Observation<o:p></o:p>The
Commission is of the view that the Respondent had legitimately exercised their
right. The Complainant's claim that "management found in me the potential
to lead workers of Ghana Rubber Products Ltd. to greater heights... and
therefore took his decision to eliminate me.... has not been
substantiated". The Commission is of the view that the Complainant has
received more than necessary warnings to change his ways. It must be emphasised
here that in a corporate body like the Company under discussion, one cannot
help but to conform to the rules and regulations governing the body. Physically
assaulting coworkers and disobeying lawful instructions from officers above
one's rank is rarely tolerated anywhere. It is not for the Complainant to
decide which machine he was to work with. Even if the machines were obsolete,
the issue must be redressed in the appropriate forum. It is not expedient to
take the law into one's own hands.<o:p></o:p>