COLLINS ATAKYI AND OTHERS AND AOUN BASSAM [2012]DLCHRAJ5991

Date	2012-03-28
Suit No.	CHRAJ/2009/HQ/01417/1208
Citation No.	[2012]DLCHRAJ5991

JOSEPH WHITTAL

[2012]DLCHRAJ5991
																																						<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">COLLINS ATAKYI AND OTHERS<o:p></o:p>(COMPLAINANTS)<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">AOUN BASSAM<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/2009/HQ/01417/1208&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;28-3-2012<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>FACTS<o:p></o:p>Complainants' Case<o:p></o:p>&nbsp;In a complaint received on 4th August 2009,
the Complainants stated that they were the Respondent's employees and worked on
his farm, Eve-Lyn Farms. One of their major duties was to purchase fruits such
as mangoes and pineapples for export.<o:p></o:p>In July 2009, the Complainants claimed that they went to a farm at
Somanya to purchase mangoes for the farms. On their way from the Somanya farm,
they received a phone call from the farm Manager explaining that he had been
reliably informed that they had stolen some of the mangoes on the farm. They
denied the farm Manager's claims with the explanation that most farm managers
of the various farms from where they bought mangoes and other fruits for export
often allowed them to buy fruits that were unfit for export and in turn sold
them at the local markets. They claimed that on the said day, the mangoes that
they were purported to have stolen were unfit ones they had purchased for sale
at the local market. The alleged case of theft was reported to the Somanya
Police. But the Somanya Police dismissed the case as frivolous.<o:p></o:p>Following the alleged incident, the Complainants stated that the
Respondent reprimanded them, withheld their wages, incentives as well as their
overtime allowance and further directed them to work harder for having
tarnished the good image of the company.<o:p></o:p>Not satisfied with the above
punishment, the Respondent later called them and asked them to swear that they
would work very hard than they used to by mentioning the names of their gods
and their ancestors. As part of the punishment, the Respondent also asked them
to forfeit their pay for extra work done. He then took them one at a time to a
manhole and forced them to drink some schnapps and at the same time gave them
an egg each to swear that they would work very hard than before and that if
they failed to honour what they had sworn then their future life should be like
faeces. They explained that one of them who is a Muslim was also forced by the
Respondent to drink the alcohol even though drinking of alcohol is against his
religion.<o:p></o:p>The Complainants added that
the Respondent of Eve-Lyn farms many times whipped them for committing minor
offences.<o:p></o:p>In the light of the
Respondent's actions the Complainants requested the Commission to cause the
Respondent to pacify, compensate and also pay their entitlements to them if he
decides to terminate their appointment.<o:p></o:p>INVESTIGATIONS<o:p></o:p>Respondent's case <o:p></o:p>In his comments to the
Commission, the Respondent confirmed that the Complainants are his employees.<o:p></o:p>According to the Respondent,
the Complainants used official working hours to pursue their personal business.
They also used the office truck to convey the stolen mangoes from the Somanya
farms. The Somanya Police was alerted of the theft and they in turn arrested
them for further interrogations. The Respondent explained that by their conduct
the Complainants breached the regulations of Eve-Lyn farms and that warranted
summary dismissal.<o:p></o:p>The Respondent consequently invited the Complainants for a meeting
and asked them to narrate the alleged theft case to him. In their narration,
the Complainants admitted before him and the farm Manager that they were guilty
of the offence but asked for leniency after having been told that their action
warranted summary dismissal. The Respondent explained that they accept</main>