PAUL OPOKU MENSAH vs. ADWAMAPA BUYERS LTD [2009]DLNLC8356

Date	2009-08-28
Suit No.
Citation No.	[2009]DLNLC8356

[2009]DLNLC8356
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													<main id="main" class="content" style="min-height: 60rem" >PAUL OPOKU MENSAH<o:p></o:p>vs.<o:p></o:p>ADWAMAPA BUYERS LTD<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-6/2007/2009/20X&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 28TH AUGUST, 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 &nbsp;<o:p></o:p></div>The petitioner who was appointed an accounts officer in 1999 with the Respondent Company petitioned the Commission for unfair termination of his appointment by the Respondent Company. His appointment was terminated on 16/06/06 with immediate effect for inability to carry out his work.<o:p></o:p><o:p>&nbsp;</o:p>In his petition he recounted a series of events meted out to him by the company as follows. He was involved in a motor accident during the course of his work which resulted in Physical injuries and upon the recommendation of the Labour Department he was to be paid workman's compensation. But it took the intervention of the CRAJ before the compensation was paid.<o:p></o:p>&nbsp;<o:p></o:p>His contract of employment was varied without his consent which resulted in the change of his status that led to the diminution of his salary. He was finally transferred from Kumasi to Enchi in the Western Region.<o:p></o:p><o:p>&nbsp;</o:p>Respondent did not deny that the petitioner was involved in a motor accident. It was also confirmed that the status of the petitioner was changed and that he was transferred to Enuhi in the Western Region<o:p></o:p><o:p>&nbsp;</o:p>Decision<o:p></o:p>The change in the status, the transfer of the petitioner and his involvement in a motor accident do not form part of his compliant of unfair termination.<o:p></o:p><o:p>&nbsp;</o:p>The Respondent's position was that the petitioner was unable to carry out his work and claimed further that the termination was properly effected.<o:p></o:p>&nbsp;<o:p></o:p>There was evidence that the immediate boss once complained in a letter addressed to the Management about the work of the petitioner. The petitioner was asked to comment. He did comment on it, denying the issues. There was no evidence that any committee was set up to go into the matter.<o:p></o:p>It was also alleged that the petitioner absented himself from work. Th