SILVESTER ADAMS AND ROYAL PENTECOSTAL ACADEMY [2012]DLCHRAJ6015

Date	2012-03-23
Suit No.	CHRAJ/125/2009/1200
Citation No.	[2012]DLCHRAJ6015

JOSEPH WHITTAL

[2012]DLCHRAJ6015
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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">SILVESTER ADAMS<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">ROYAL PENTECOSTAL ACADEMY<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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<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/125/2009/1200&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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;
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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>The Complainant who is an ex-employee of the Royal Pentecostal
Academy School petitioned the Commission against the unfair termination of his
appointment by the Respondent and demanded compensation.<o:p></o:p>FACTS <o:p></o:p>The Complainant was appointed by the Respondent on the 6th of May
2008 as a teacher. On the 14th of June the same year, the Complainant was
admitted at the La General Hospital due to an illness which was later diagnosed
as stroke. The Complainant recovered and resumed work in October 2008 but was
asked by the Respondent to go home and rest because he was not strong enough to
carry out his duties. The Complainant therefore felt his appointment with the
Respondent was unjustly terminated.<o:p></o:p>In a discussion with Mr. Duncan, a board member of the school, he
pointed out that, when the Complainant was ill and admitted at the hospital,
the School paid his salaries for May, June and July 2008 but did not pay his
salary for August because the school settled his bills when he was discharged
from the hospital.<o:p></o:p>When the Complainant regained
his health in October 2008, he reapplied for his position but the management
did not re-engage him. According to management there have been complaints by
some parents that, he took school fees from them and never paid it to the
school. In addition to these, his overall performance was not satisfactory.<o:p></o:p>ISSUE CONSIDERED <o:p></o:p>Was the Complainant's
appointment unfairly terminated?<o:p></o:p>FINDINGS AND OBSERVATION<o:p></o:p>The Royal Pentecost academy
was under the proprietorship of Mr. Tagoe until the management of the school
was taken over by the Word. Miracle Church International. When the church took
over, all the workers were asked to reapply for the positions they were
holding. According to Mr. Duncan, the Complainant was not deemed suitable for
the position he held because, among other things the school received complaints
from parents that the Complainant took monies from them to be paid as school
fees for their wards in the school but he never paid those monies. In addition
to this, he sleeps on duty. The Respondent terminated his appointment verbally
and did not give him any prior notice or a month's salary in lieu.<o:p></o:p>The termination of the
Complainant's appointment happened after he resumed from a sick leave. The
Complainant believed that his appointment was terminated because his illness
rendered him unable to move his right hand. When the complainant was employed,
he was given an appointment letter but at the time of the termination of his
appointment, it was by word of mouth. In addition, the respondent did not give
a month's notice to the Complainant or gave him a month's salary in lieu of
notice according to Section 17(1) (a) of the labour Act, 2003 (Act 651) which
states that:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;text-indent:1.2pt;mso-pagination:none;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“in case of a contract of
three years or more, one month's notice or one month's pay in lieu of
notice".<o:p></o:p>With these, it was evident
that the complainant's appointment was terminated unfairly. This was pointed
out to the Respondent and they agreed to compensate the complainant.<o:p></o:p>