APPIAGYEI LORD AND GHANA WATER COMPANY [2009]DLCHRAJ5983

Date	2009-02-27
Suit No.	Our Ref.: CHRAJ/1190/2001/250
Citation No.	[2009]DLCHRAJ5983

JOSEPH WHITTAL

[2009]DLCHRAJ5983
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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">APPIAGYEI LORD<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 WATER COMPANY<o:p></o:p>(RESPONDENT)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.0pt;
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<p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination:
none;border:none;mso-border-bottom-alt:solid windowtext .5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">Our Ref.:&nbsp; CHRAJ/1190/2001/250&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;27/2/2009<o:p></o:p>

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">SUMMARY DECISION<o:p></o:p>

</div>INTRODUCTION<o:p></o:p>In the complaint received on 7th
March 2001, the Complainant stated that he used to be a staff of the Ghana
Water Company from 1996 until he was summarily dismissed on 9th
August 2000 for defrauding customers of the Ghana Water Company.<o:p></o:p>He was handed over to the
Police and was arraigned before court. However, the court acquitted him. The
Company, on the other hand, went ahead and terminated his appointment in
accordance with the Company's regulation on code of conducts for temporary
staff as stated in the Collective Bargaining Agreement (CBA), Article 5.9.<o:p></o:p>The Complainant contested the dismissal as unfair, stating that
the Company's decision violates the court's decision and prayed for
reinstatement.<o:p></o:p>ISSUES<o:p></o:p>Whether the Complainant was granted fair hearing by the company
prior to the dismissal.<o:p></o:p>RELEVANT FACT<o:p></o:p>The Complainant stated that he
had served as a Survey Staff on contract basis for six years hoping that his
position would be regularised one day.<o:p></o:p>He explained that whiles on
official assignment, he went to a house located at Darkuman. The said house
happens to belong to one Hajimatu Sadia and the house was near his former boss
Mr. Nyanteh's residence. Upon request for their bills, the occupants could not
produce any receipt that indicated payment of their bills.<o:p></o:p>To his surprise, when he reported to work the following day, Mr.
Nyanteh accused him of collecting bribe from the owner of the house, Hajimatu
Sadia. He refuted the allegation, but the Company handed him over to the Police
and he was arraigned before court.<o:p></o:p>The court acquitted him. His
dismissal from the Company came as a surprise to him.<o:p></o:p><a name="_gjdgxs"></a>Comments from
the Respondent to the Commission stated that the Complainant was employed as a
temporary Survey Staff on 18th July, 1996. His term of appointment
was for a period of three months and subject to renewal for another four months
on the basis of satisfactory performance.<o:p></o:p>The Complainant's work entails
identification of illegal connections, who lack the appropriate data.<o:p></o:p>The Complainant misconduct himself by defrauding unsuspected
customers of the Company which resulted in his arrest. He was arraigned before
a court. Though the court acquitted him, the Company explained that their
decision to dismiss him does not nullify the court's decision.<o:p></o:p>FINDINGS AND
OBSERVATIONS<o:p></o:p>The complaint is time barred considering the period when the
alleged wrong occurred, 1996 and the time when the complaint was lodged with
the Commission, 2001.<o:p></o:</main>