SAMPSON ODAME DANQUAH AND SKONES SECURITY COMPANY [2012]DLCHRAJ6011

Date	2012-08-13
Suit No.	CHRAJ/2010/HQ/01743
Citation No.	[2012]DLCHRAJ6011

JOSEPH WHITTAL

[2012]DLCHRAJ6011
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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">SAMPSON ODAME DANQUAH<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">SKONES SECURITY COMPANY<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;
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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/2010/HQ/01743&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 13 - 08 - 2012<o:p></o:p>

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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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>On 3rd January, 2010 the
Commission received the above titled complaint from Sampson Odame Danquah
(hereinafter referred to as "the Complainant") against his former
employers Skones Security Company (hereinafter referred to as "the
Respondent") for mistreating him at work and then denying him his due
entitlements after wrongfully terminating his employment.<o:p></o:p>THE
COMPLAINANT'S CASE<o:p></o:p>The Complainant alleged that
he was under the employment of the Respondent for three (3) months as a
Security Officer. Yet when he lumped up his 3 months' salary if did not even
amount to GH¢300. During his period of service, the Complainant further alleged
that the Respondent never permitted him to proceed on leave and it also
neglected to pay him his overtime allowances and SSNIT contributions for the
periods he served it.<o:p></o:p>The Complainant claimed that he was invited by the Respondent's
Commander to his Office to be paid his salary for the month of September. However,
without any provocation, the Commander flung his salary at him and together
with one Azuma insulted him, spat on his face and even attempted beating him
up. The complainant concluded that he believed that the sputum that entered his
eyes had resulted in the pains he was presently experiencing in both of his
eyes. He appealed to the Commission to seek an explanation from the Respondent
for misbehaving towards him in this manner and require of him to accord
Security Officers some respect.<o:p></o:p>THE RESPONDENT'S
CASE<o:p></o:p>In its comments to the
Commission, the Respondent confirmed that it engaged the Complainant as its
Security Officer on 1st August 2009. If added that following his engagement,
the Complainant was briefed on the details of the Respondent's policy and
Disciplinary Codes. Yet, two (2) months into his six (6) months' probation,
Complainant had already breached a number of its Code for lateness for duty,
abandoning his post before being properly relieved, gossiping and idling on
duty and lack of civility on duty. Rather than summarily dismiss the
Complainant, the Respondent chose to talk and advice him in consonance with its
policy of continuous on-the-job training and retention of officers.<o:p></o:p>However, the Complainant rather engaged his field Managers in
arguments when they were instructed on 10th October 2009 to talk to
him over his performance at work and his unprofessional attitude. Even in this
circumstance, the Respondent stated that it chose to just reprimand the
Complainant by issuing him with a verbal warning.<o:p></o:p>On 31st October,
2010, the Respondent added that its General Duties Manager, Nii Odoi Asumang in
one of his routine evening patrols and at approximately 6:30 pm, found the main
gate to the Complainant's duty post unsecured. Recognizing that this was a
critical security lapse, the said Manager chastised the Complainant for his
poor performance. However the Complainant packed his belongings and
unceremoniously walked off his duty post at 7:00pm, barely an hour into his
twelve (12) hours night shift.<o:p></o:p>Thereafter, the Complainant
abandoned his post for five (5) days until he handed in his unwashed company
uniform at the office on 5th November, 2009.<o:p></o:p>The Respondent added that the Complainant's allegation of a verbal
and near physical assault are false and just a figment of his imagination. It
explained that following the incident leading to the Complainant's presence at
the Office, the Training and Operations Manager, Captain Baah-Achamfour (Rtd)
referred the Complainant to his past experiences as a Security Officer. He also
chastised him for behaving irresponsibly and at a time when he was serving his
probation and was also faced with challenges maintaining his family. However,
the Complainant did not take kindly to these words and rather accused the said
Officer of talking nonsense. The Complainant then referred him to the successes
he chalked in his past employment as a Security Officer and in his mana</main>