NOAH DUMAH & BAIDOO vs. WESTEC SECURITY SYSTEMS LIMITED [2009]DLNLC8352

Date	2009-07-08
Suit No.
Citation No.	[2009]DLNLC8352

[2009]DLNLC8352
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													<main id="main" class="content" style="min-height: 60rem" >NOAH DUMAH &amp; BAIDOO<o:p></o:p>vs.<o:p></o:p>WESTEC SECURITY SYSTEMS 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-470/2006/2009/56X&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 8TH JULY, 2009<o:p></o:p></div>FOR THE COMMISSON:<o:p></o:p>PAUL OSEI MENSAH (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<o:p></o:p></div><o:p>&nbsp;</o:p>Considering he petition filed by Noah Dumah and Baidoo Hakeem (hereinafter called the " petitioners) against Westec Security Systems Limited (hereinafter called the Respondent on 18th September, 2006 and the Respondents submissions dated 5th December, 2006 and 24th September, 2008;<o:p></o:p>&nbsp;<o:p></o:p>Considering Sections 138 and 139 of the Labour Act, 2003 (ACT 651) on the functions and powers of the Commission;<o:p></o:p><o:p>&nbsp;</o:p>Having examined the written submissions of the petitioners and the Respondent, and allowed the two parties to meet with officers of the commission for hearing, the facts of the case and pleadings may be summed up as follows:<o:p></o:p><o:p>&nbsp;</o:p>The petitioners submitted that they resigned on 31st June 2006 and 1st August 2006 respectively. They said that they gave the Respondent one month notice thus, fulfilling the conditions of resignation stated in their appointment letters.<o:p></o:p>&nbsp;<o:p></o:p>One of the petitioners, Noah Dumah submitted that he never received an acknowledgement of the receipt of his resignation letter and that the letter he received dated 4th September 2006 left his 2006 annual leave out. According to him, his 2006 leave was not commuted to cash for him.<o:p></o:p><o:p>&nbsp;</o:p>He also submitted that the end of service benefit or ex-gratia due him as per his appointment letter dated 17th July, 2000 was not paid to him.<o:p></o:p><o:p>&nbsp;</o:p>The other petitioner, Baidoo Hakeem submitted that apart from his appointment letter, a letter acknowledging receipt of his resignation confirmed payment of his ex-gratia. However, the ex gratia was not accordingly paid to him.<o:p></o:p>&nbsp;<o:p></o:p>The Petitioners in consequence want the Commission to order the Respondent to pay them the ex-gratia as per their appointment letters and the acknowledgement letter to Baidoo Hakeem dated 14th June, 2006.<o:p></o:p>&nbsp;<o:p></o:p>In its reaction, the Respondent submitted that Hakeem Baidoo, one of the Petitioners was employed on 5th March, 2001 and he voluntarily resigned on 1st July, 2006. That payment of his unspent working days leave was made.<o:p></o:p>&nbsp;<o:p></o:p>The Respondent also submitted that the other petitioner, Noah Dumah has also had his 91 jonal Labourwakaimyndasooleave commuted to cash and paid to him accordingly.<o:p></o:p>&nbsp;<o:p></o:p>