WILLIAM KOFI GRAHAM AND WESTEC SECURITY LIMITED [2004]DLCHRAJ4595

Date	2004-05-24
Suit No.	CHRAJ/3798/2003/1078
Citation No.	[2004]DLCHRAJ4595

D.K. OFOSU QUARTEY

[2004]DLCHRAJ4595
																																						<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" >WILLIAM KOFI
GRAHAM<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p>WESTEC
SECURITY LIMITED<o:p></o:p>(RESPONDENT)<o:p></o:p>[CHRAJ]<o:p></o:p>&nbsp;<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;
line-height:normal;mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Our
Ref: CHRAJ/3798/2003/1078&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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:
24/05/2004<o:p></o:p>

</div>Commissioner:<o:p></o:p>D.K. OFOSU QUARTEY SUPERVISING
PRINCIPAL LEGAL OFFICER FOR COMMISSIONER<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">

</div>INTRODUCTION<o:p></o:p>On
the 5th May 2003, the Commission received a complaint from Mr. William Kofi
Graham who alleged that the Respondent had refused to pay him end-of-service
benefits and refund of his welfare contributions. He contended that the refusal
of the Respondent to pay him his entitlements is in contravention of the
conditions of service.<o:p></o:p>He
therefore pleaded with the Commission to compel the Respondent to honour the
payment.<o:p></o:p><o:p>&nbsp;</o:p>COMPLAINANT'S CASE<o:p></o:p><a name="_gjdgxs"></a>The Complainant stated that he had been in
the employment of the Respondent for well over three (3) years. He contended
that the Respondent's conditions of service stated that upon resignation, an
employee will be entitled to a month's salary for each year worked, in addition
to the current salary as his End-of-Service Benefit (ESB). Moreso, ¢5,000.00
was deducted from his monthly salaries towards a welfare fund which he never
enjoyed any benefit from. The conditions of service did not state whether the
contributions would be refunded or not.<o:p></o:p>According
to the Complainant, he tendered in his resignation on the 1st February 2003 but
stated that it would be effective from 1st March 2001. However, when he
approached the Respondent for the payment of his ESB and refund of his welfare
contributions he was told that nothing would be paid to him because he did not
qualify for the ESB and also that the welfare contributions were not
refundable, as espoused by a new conditions of service.<o:p></o:p><o:p>&nbsp;</o:p>RESPONDENT'S VERSION<o:p></o:p>In
their comments contained in a letter dated 15th June 2003 the Respondent stated
that the Complainant was employed on the 15th October 1999 as a Security
Officer and he voluntarily resigned on the 28th February 2003, after 3 years
and 4 months service.<o:p></o:p>The
Respondent contended that the prevailing conditions of service states, at
chapter 17(a) that,<o:p></o:p>