AKYEA MAWUTOR FRANK vs. MELCOM GHANA LIMITED [2011]DLNLC7608

Date	2011-10-06
Suit No.
Citation No.	[2011]DLNLC7608

[2011]DLNLC7608
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													<main id="main" class="content" style="min-height: 60rem" >AKYEA MAWUTOR
FRANK<o:p></o:p>vs.<o:p></o:p>MELCOM GHANA
LIMITED<o:p></o:p>[NLC]<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">

<p class="MsoNormal" align="center" style="text-align:center;mso-pagination:none;
border:none;mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">Our Ref:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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>FOR THE COMMISSON: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

OPANIN-OBENG
FOSU (MEMBER)<o:p></o:p>

DECISION<o:p></o:p>

</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 2