CEPHAS B. BORTEI AND GHANA CIVIL AVIATION AUTHORITY [2009]DLCHRAJ5986

Date	2009-11-09
Suit No.	CHRAJ/738/99/1451
Citation No.	[2009]DLCHRAJ5986

JOSEPH WHITTAL

[2009]DLCHRAJ5986
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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">CEPHAS B. BORTEI<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;;
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color:#00B050">GHANA CIVIL AVIATION AUTHORITY<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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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">CHRAJ/738/99/1451&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 9-11-2009<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">DECISION<o:p></o:p>

</div>INTRODUCTION<o:p></o:p>In his letter of 8th November 1999, CEPHAS B. BORTEI ("the
Complainant") complained against the wrongful termination of his
appointment from the employ of the Ghana Civil Aviation Authority ("the
Authority" or "the Respondent") after ten years service as Chief
Internal Auditor.<o:p></o:p>The Complainant stated that the Respondent's letter of termination
did not assign any reasons for the termination. Besides, the Complainant
alleged that he "was not offered any opportunity to appear before any
committee or management to go through due process." Accordingly, the
Complainant prayed the Commission to compel the Respondent to explain the
reason for the termination of his appointment and "pay any severance
allowances due him".<o:p></o:p>THE
COMPLAINANT'S CASE<o:p></o:p>The Complainant stated in his
letter of complaint that he was paid 3 months' salary in lieu of notice and 3
years' accumulated leave was also commuted to cash and paid to him. He was,
however, not paid any "severance allowance, long service award or any
other entitlement."<o:p></o:p>In a letter dated 14th April,
2000, the Complainant insisted that the letter terminating his appointment
which was dated 10th July, 1998 did not give any reasons for the Respondent's
action. He also observed that he never disposed of "ANY ASSET"
(our emphasis) of the Respondent. Instead, he said he disposed of "Scraps
belonging to the organization". The Complainant stressed that he did not
appear before any Management Committee.<o:p></o:p>Continuing, the Complainant observed that the Respondent's
Conditions of Service provided for long service - "Ten year service award"
- and that he qualified for it. He reiterated his call to the Commissioner to
investigate the improper termination of his appointment as Chief Internal
Auditor of the Respondent Authority.<o:p></o:p>Furthermore, in his letter of 2nd March, 2001, the Complainant was
emphatic that he disposed of "scraps" and not "assets" and
that the two words are not synonymous. He also argued that much as his
appointment was terminated on 20th July 1998 "without any reason
whatsoever and without notice, "he was given a full month's salary for
July. On that score he was qualified for the 10years long service award. He
also stated that the Respondent's reference to his incompetence and lack of
integrity was a "mere mudslinging".<o:p></o:p>THE
RESPONDENT'S CASE<o:p></o:p>Commenting on the complaint in a letter No. CAA/A/VOL.III/58 of
21st February, 2000, Mr. Derek Obuobi, the Respondent's Director of Human
Resources, stated that the reasons for the termination of the Complainant's
appointment were stated in paragraph 1 of a letter dated 10th July, 1998 addressed
to him. The Respondent said it was untrue that the Complainant did not appear
before any committee or management to go through any due process. The
Respondent submitted that:<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">"The Petitioner was invited to appear before a Committee of
Inquiry for improper disposal of assets belonging to the organization. The
Petitioner duly appeared before the said Committee which after thorough
investigations subsequently submitted a report to Management."<o:p></o:p>The Respondent indicated that
the Complainant was given 3 months' salary in lieu of notice as a Management
staff and in accordance with the Management Conditions of Service. However, no
payments of severance allowance and long service awards were made to the
Complainant as the Conditions of Service do not provide for the payment of
these entitlements and none were approved for him.<o:p></o:p>