SAM EMMANUEL AND ELECTRICITY CORPORATION OF GHANA (ECG) [2011]DLCHRAJ5980

Date	2011-10-17
Suit No.	CHRAJ/2499/2002/675
Citation No.	[2011]DLCHRAJ5980

JOSEPH WHITTAL

[2011]DLCHRAJ5980
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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">SAM EMMANUEL<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">ELECTRICITY CORPORATION OF GHANA (ECG)<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">CHRAJ/2499/2002/675&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 17-10-2011<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 2.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>INTRODUCTION <o:p></o:p>The Commission received the above complaint from Emmanuel Sam, the
Complainant, on 13th March, 2002 against the Respondent, Electricity
Corporation of Ghana, for wrongful surcharge of Eight Hundred and Fifty Ghana
Cedis (GH¢850) on his salary. These monies were to be deducted from the
Complainant's salary over a period of thirty-six (36) months.<o:p></o:p>THE
COMPLAINANT'S CASE<o:p></o:p>&nbsp;In his complaint, the
Complainant alleged that he had been employed as Driver by the Respondent for
the past seven (7) years and that for the whole period, he discharged his
duties without any blemish. In November 2001, the Complainant said that he was
instructed to travel to the Western Region. However, before taking off, he
expressed misgivings about travelling with the Respondent's old vehicle and
requested the Transport Officer to rather release one of the new vehicles to
him. The Complainant said that he only accepted to make the journey with the
old vehicle because the Transport Officer explained to him that he had not been
instructed to release any of the new vehicles to him for the journey.<o:p></o:p>The Complainant further
alleged that when he got to Pokuase, he had to abort the journey because his
car engine was overheating and he realized it would not be safe to travel all
the way to the Western Region in that state. He therefore parked the vehicle
for sometime for the engine to cool down before pouring water into the radiator
en-route to the office.<o:p></o:p>

<o:p>&nbsp;</o:p>The Complainant alleged that after that incident, the Respondent
called him to appear before a Committee to explain the condition of the engine.
Not long thereafter, the Respondent notified him by a memorandum dated 18
February, 2002, that following an investigation conducted into the breakdown of
the engine of the Nissan Pick Up with registration number GV9902C, an amount of
Eight Hundred and Fifty Ghana Cedis (GH¢850), being the cost of a home used
engine, would be deducted from his salary over a period of thirty-six (36)
months. The Complainant said that he thought the Respondent was blaming him for
the damage to the engine and implored the Commission to conduct an
investigation into the matter for him.<o:p></o:p>THE RESPONDENT'S CASE <o:p></o:p>In their comments, the
Respondent explained that a Committee was set up to investigate the above case
involving the Complainant. It was found out that the Complainant was asked to
drive Mr. Kofie, who is the sectional Manager/Safety, on a trek to the Western
Region in November 2001. The Respondent said that it was part of the
Complainant's responsibilities to check all liquid levels of a vehicle before
embarking on any journey but he failed to do so on that particular day. The
Respondent added that by available evidence, the engine of the vehicle was
damaged due to overheating, caused by insufficient water level in the radiator.
The temperature gauge had also been tested after the incident and found to be
in perfect working condition.<o:p></o:p>The Respondent concluded that
if the Complainant had made occasional quick glances at the temperature gauge
while he was driving, he would have noticed the rise in the temperature to top
up the radiator water. In addition, the Complainant ignored Mr. Kofie's earlier
warning that he should stop and check the scent that was coming from the engine
compartment. The Complainant had told Mr. Kofie that there was no cause for
alarm and that the scent was the burning of old engine oil on the engine. The
Complainant had driven on until the engine had overheated, all the moving
components of the vehicle had ceased and the vehicle had stopped on its own. It
was later discovered when the engine was dismantled, that three (3) pistons had
gotten burnt thus affecting the engine block and rendering the engine completely
damaged beyond repairs.<o:p></o:p>