MOSES ADINYIRA vs. GOLDEN STAR (BOGOSO/PRESTEA) LIMITED [2009]DLNLC8348

Date	2009-10-07
Suit No.
Citation No.	[2009]DLNLC8348

[2009]DLNLC8348
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													<main id="main" class="content" style="min-height: 60rem" >MOSES ADINYIRA<o:p></o:p>vs.<o:p></o:p>GOLDEN STAR (BOGOSO/PRESTEA) LIMITED<o:p></o:p>[NLC]<o:p></o:p><div style="font-size: medium; border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom: 1.5pt solid windowtext; padding: 31pt 31pt 1pt;">Our Ref: NLC/C-293/2009/88G&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 7TH OCTOBER, 2009<o:p></o:p></div>FOR THE COMMISSON:<o:p></o:p>OPANIN OBENG-FOSU (MEMBER NLC)<o:p></o:p><div style="font-size: medium; border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom: 1.5pt solid windowtext; padding: 0cm 0cm 1pt;">DECISION &nbsp;<o:p></o:p></div>FACTS:<o:p></o:p>Complainants, Moses Adinyira and Francis Boampong were retrenched on 21st January, 2009 and Allan Adam on 30th January 2009. The Mine has three (3) categories of employees viz: Junior Staff, Senior Staff and Exempt Staff.<o:p></o:p><o:p>&nbsp;</o:p>The Junior Staff and certain selected categories of Senior Staff who became unionized, executed collective agreement with the company. The complainants belonged to the group called "exempt employees," did not belong to the Senior Staff Union and therefore, were not beneficiaries to the provisions of collective agreement.<o:p></o:p><o:p>&nbsp;</o:p>CASE OF THE COMPLAINANTS<o:p></o:p>The Complainants were employed in August, 1999, and each of them as exempt employee, signed separate contract of employment with the company on 1st July 2005.<o:p></o:p>&nbsp;<o:p></o:p>The Company circulated a draft contract of employment for exempt employees to make their individual comments. Complainants stated the exercise was finalized before April 2008, and was to have been signed on or before 1st April, 2008 to take effect from that day. This did not happen.<o:p></o:p>&nbsp;<o:p></o:p>Complainants argued that the Unionized employees both junior and senior staff, had their collective agreements reviewed and agreed variously to have the article on redundancy have their multiplying figure changed from two (2) months pay to three (3) months pay, for each completed year of service. They thought that because the other category of employees have been given three (3) months pay for each completed year of service and because they had had the opportunity to review the circulated draft document which they also proposed three (3) months for each completed year of service and also proposed offcctivo date to be 1st April, 2008, they thought any payment to them should reflect that date. It is pertinent to say here that unlike the unionized staff, the exempt staff sign individual contract and apart from the individual contract executed in 1st July, 2005 which stipulated 1.9 as a multiplier, no other contract has been signed.<o:p></o:p><o:p>&nbsp;</o:p>CASE OF THE RESPONDENT<o:p></o:p>The Respondent agreed to almost all that the complainants said but stated that even though the draft contract went round for comments, approval for it was effect</main>