IN THE MATTER BETWEEN AKYEA MAWUTOR FRANK AND MELCOM GHANA LTD [2011]DLNLC6246

Date	2011-10-06
Suit No.
Citation No.	[2011]DLNLC6246

[2011]DLNLC6246
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													<main id="main" class="content" style="min-height: 60rem" >IN THE MATTER
BETWEEN AKYEA MAWUTOR FRANK<o:p></o:p>AND<o:p></o:p><p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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mso-padding-alt:31.0pt 31.0pt 0in 31.0pt;mso-border-shadow:yes">MELCOM GHANA LTD<o:p></o:p><p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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mso-padding-alt:31.0pt 31.0pt 0in 31.0pt;mso-border-shadow:yes">[NLC]<o:p></o:p>NLC/C-884/2010/2011/72&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 6TH OCTOBER, 2011<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>Facts of the Complaint<o:p></o:p>Mr. Akyea Mawutor Frank, the complainant, lodged a complaint with
the National Labour Commission on 4 August, 2011, against his former employer,
Melcom Ltd Ghana, for an unpaid wages. He stated that he worked with Melcom
from 2006 to January 2011 but resigned to enable him sit for his WASSCE
examination. He returned and applied to be re-instated but he was told there
was no vacancy.<o:p></o:p>He was, however, offered a job as a casual labourer in March 2011,
but could not get his pay for June 2011. He stated that he was paid GH¢120.00
every month.<o:p></o:p>Melcom replied that complainant was not their employee from March
to June 2011, as he had stated but was rather casual labourer at their Dansoman
shop, under Mr. Gerald Berhene, the Shop Manager. Mr. Berhene stated that
Complainant was hired casually to assist offloading of goods and sweeping and
mopping which took less than two (2) hours a day. He said based on his
experience as a former employee of Melcom, he assisted in stock taking at
various branches and was paid instantly on completion of each stock taking. As
regards the daily work he performed, the Shop Manager said he mobilized funds
and paid him GH¢70.00 per month and not GH¢120.00 as stated by the complainant.
He wanted to offer the complainant a permanent employment but he failed to
accept it since the complainant said he was going to continue his education.<o:p></o:p>The Facilitation:<o:p></o:p>The parties were invited for facilitation on 4 October 2011. The
complainant, Mr. Akyea Mawutor Frank and respondent Mr. Gerald Berhene, were
present.<o:p></o:p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
1.9pt;line-height:normal;mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">Complainant said he was employed verbally and could therefore not
produce any appointment letter. He insisted he was paid GH¢120.00 per month and
signed a slip as having been paid. Respondent, on the other hand insisted that the
payment he made to complainant was GH¢70.00 and complainant did not sign any
slip showing that he had been paid. He stated that when he handed over the
stock he gave him, it was realized that he could not account for two (2)
padlocks which cost GH¢70.00. It was difficult to prove this, since both of
them could not produce any document to that effect.<o:p></o:p>Decision:<o:p></o:p>Complainant was not entitled to any compensation since he was a
casual employee.<o:p></o:p><p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;text-indent:
.05in;line-height:normal;mso-pagination:none;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">As regards the lost padlocks, even though Section 70 (e) of the Labour
Act 2003, Act 651, in respect of "Permitted deductions", permitted
the employer to claim this from the complainant as he the complainant confirmed
this, it was agreed that employer should consider not to pursue this matter.<o:p></o:p>Respondent was asked to deposit a cheque for GH¢70.00 in the name
of the complainant with the Commission by the end of the month for collection
by the complainant. This represents the pay for June, 2011.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>