GEORGE NTEH AND ELECTORAL COMMISSION [2011]DLCHRAJ6002

Date	2011-10-05
Suit No.	CHRAJ/3493/2008/650
Citation No.	[2011]DLCHRAJ6002

JOSEPH WHITTAL

[2011]DLCHRAJ6002
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<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">GEORGE NTEH<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">ELECTORAL COMMISSION<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;
mso-border-bottom-alt:solid windowtext .5pt;padding:31.0pt 31.0pt 1.0pt 31.0pt;
mso-border-shadow:yes">

<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/3493/2008/650&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 5-10-2011<o:p></o:p>

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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">DECISION<o:p></o:p>

</div>INTRODUCTION:<o:p></o:p>The Complainant in a complaint
filed on the 27th of January 2003 alleged that the Respondent wrongfully
terminated his appointment; he therefore sought the intervention of the
Commission to investigate the matter and cause Respondent to reinstate him and
pay him all his entitlements.<o:p></o:p>SUMMARY OF THE
COMPLAINT:<o:p></o:p>The Complainant alleged that
until the termination of his appointment he worked with the Respondent as a
Senior Electoral Officer. According to him, he together with 10 other
colleagues left Ghana at the request of the UNDP in Ghana to assist with the
elections in Kosovo.<o:p></o:p>He stated further that on his return to Ghana after discharging
his duties he received another invitation to volunteer his service in East
Timor, he therefore applied for his accumulated leave to enable him honour this
invitation and he together with 5 other colleagues left for East Timor. Whilst
in East Timor the Complainant realised that his assignment will extend beyond
the leave period and this made him request for leave of absence by writing to
the Respondent for which he received no response. He followed it up by making a
phone call to the then Deputy Chairman who he claimed confirmed that he had received
it and that it would receive attention. He next called the then Acting Director
of Finance and Administration who also informed him that the necessary action
had been taken and so based on this statement he continued to stay on in East
Timor.<o:p></o:p>The Complainant continued
further, that on his return in October 2001 and upon assumption of duty he
found to his chagrin that he was not paid his salary in October 2001 and he was
subsequently handed a letter terminating his appointment for overstaying his leave.<o:p></o:p>The Complainant therefore in
seeking redress initially petitioned the Public Services Commission about the
termination of his appointment alleging that he had been discriminated against
because the Respondent granted the request of other colleagues who were also in
East Timor to overstay their leave.<o:p></o:p>The Respondent in its comments
on the matter affirmed the termination of the Complainant's appointment and
explained that when the Complainant sought permission to travel a second time
to East Timor, he was verbally advised not to go since he had already served on
a previous mission to Kosovo which advice the Complainant totally ignored and
upon his insistence at going he did actually go but overstayed his leave period
amounting to vacation of post, thus justifying the termination of his
appointment.<o:p></o:p>ISSUES FOR
DETERMINATION.<o:p></o:p>The Commission invited the
parties to a formal hearing and from the evidence gathered during the hearing
and the submissions made by Counsel for the parties before the Commission; the
main issues that call for determination in this case, are as follows:<o:p></o:p><ol style="margin-top:0in" start="1" type="1">
 <li class="MsoNormal" style="text-align: justify; border: none;"><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;">Whether the Complainant's request for
 leave of absence was properly made and whether it duly received approval.<o:p></o:p></li>
</ol>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether the Complainant duly
sought extension of leave whiles in East Timor and whether it was granted.<o:p></o:p><ol style="margin-top:0in" start="3" type="1">
 <li class="MsoNormal" style="text-align: justify; border: none;">