IN THE MATTER BETWEEN EMMANUEL REST TETEKPE AND YADCO GHANA LIMITED [2011]DLNLC6249

Date	2011-10-03
Suit No.
Citation No.	[2011]DLNLC6249

[2011]DLNLC6249
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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">IN THE MATTER BETWEEN EMMANUEL REST TETEKPE<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">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">YADCO GHANA LIMITED<o:p></o:p>[NLC]<o:p></o:p>NLC/C-758/2010/2011&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 3RD 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>FOR: COMMISSION<o:p></o:p>PAUL OSEI-MENSAH (MEMBER)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

</div>In a letter dated 21st October, 2011 Mr Emmanuel Rest Tettekpe
lodged a complaint with NLC against his former Employer Yadco Ghana Limited
regarding, according to him, "Wrongful/Unfair termination of fixed-term
employment contract".<o:p></o:p>The relief the complainant was
seeking was compensation for, loss of monthly salaries of a fixed term
employment of 18 months; loss of use of company car for unexpired period of the
contract and any other compensation the NLC deems necessary.<o:p></o:p>The Respondent company's defence of the relief by the Complainant
was that the Complainant was not given a fixed term contract and therefore was
not entitled to 18 months salaries.<o:p></o:p>Issues to be determined by the Commission are whether the
complainant was appointed for a fixed term contract of service and whether the
termination of his appointment was wrongful or unfair.<o:p></o:p>PROCEEDINGS <o:p></o:p>National Labour Commission (NLC) initially facilitated the
resolution of the dispute but parties failed to reach an agreement to settle
the dispute.<o:p></o:p>Following the failure to
resolve through facilitation process, NLC started hearing the matter. In all,
there were five hearings. The complainant gave evidence himself and did not
call any witness. The Respondent was represented by a
counsel and also called two witnesses.<o:p></o:p>EVIDENCE ADDUCED
BY BOTH PARTIES<o:p></o:p>The complainant was unable to
give any evidence to the effect that his appointment was a fixed term contract.
The Respondent Company did not prove that the termination of the appointment of
the complainant was carried out through any Condition of Service or Collective
Agreement or in accordance with the Labour Act 2003, Act 651.<o:p></o:p>ANALYSIS AND
FINDING OF FACTS<o:p></o:p>Prior to his appointment, the
Respondent company and the complainant drew up a memorandum of understanding
(MOU) regarding the terms of his contract of employment. His appointment letter
dated 3rd February, 2010 captured almost verbatim the contents of the said MOU.<o:p></o:p>His contract of employment was an open-ended one that is with a
commencement date but without terminable date. There was no period of probation
as well as a period of notice of termination.<o:p></o:p>Apart from his salary, he was
to be paid a monthly allowance of GH¢250.00 for accommodation. Before he took
up the appointment the Respondent had paid to him an amount of GH¢6000.00
towards accommodation.<o:p></o:p>Since the contract of
employment was an open-ended one the Respondent company could terminate it at
any time subject to the terms of contract, or collective agreement or
Conditions of Service or the relevant law regulating employment.<o:p></o:p>Both parties did not dispute
the fact that GH¢6000.00 was paid to the complainant. It was found out as a
fact that after the payment of GH¢6000.00 the company did not pay the
complainant the monthly allowance of GH¢250.00.<o:p></o:p>The complainant, in the course
of his work, deve</main>