IN THE MATTER BETWEEN ABLOMETI WILSON KWASI AND GHANA HEALTH SERVICE [2012]DLNLC6245

Date	2012-04-11
Suit No.
Citation No.	[2012]DLNLC6245

[2012]DLNLC6245
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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 ABLOMETI WILSON KWASI<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">GHANA HEALTH SERVICE<o:p></o:p>[NLC]<o:p></o:p>NLC/C-565/2011/2012/87&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 11TH
APRIL, 2012<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>Considering the petition filed by Ablometi Wilson Kwasi
(hereinafter called Petitioner) against Ghana Health Service (hereinafter
called Respondent) on 23rd November, 2011 and the Respondent's submission dated
5th December, 2011;<o:p></o:p>Considering Sections 138 and
139 of the Labour Act, 2003 (Act 651) on the functions and powers of the
National Labour Commission;<o:p></o:p>Having examined the written
submissions of the Petitioner and the Respondent and allowed the two parties to
meet with the Commission on this matter in hearings;<o:p></o:p>The facts of the case and the pleadings may be summed up as
follows:<o:p></o:p>The Petitioner submits:<o:p></o:p>&nbsp;<o:p></o:p><ol style="margin-top:0in" start="1" type="A">
 <li class="MsoNormal" style="margin-bottom: 5pt; text-align: justify; border: none;"><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;">&nbsp;That he was prematurely retired on the
 15th May, 2009 instead of 15th May 2012 due to error in I.P.P.D form.<o:p></o:p></li>
</ol>The Respondent submitted:<o:p></o:p><ol style="margin-top:0in" start="2" type="A">
 <li class="MsoNormal" style="margin-bottom: 5pt; text-align: justify; border: none;"><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;">That in line with
 General Orders 249 "a date of birth once declared and accepted cannot
 be subsequently amended".<o:p></o:p></li>
</ol>COMMISSION'S
HEARING<o:p></o:p>The Commission invited the Petitioner (Mr. Ablometi Wilson Kwasi)
and the Respondent (Ghana Health Service) for hearings on 14th March, 2012. The
hearing was attended by the Petitioner in person while Respondent was
represented by Dr. Dedzo and Dr. Ankrah. Both the Petitioner and the Respondent
were given the opportunity to state their cases.<o:p></o:p>At the hearing of 14th March,
2012, the Respondent submitted that the petitioner entered the service a long
time ago and the age which he submitted was 15th May, 1949 and that he did not
do anything about this till 2009 when he was due for retirement when he wrote
to the Ghana Health Service (GHS) stating that the date for his birth was an
error. The Petitioner stated in that letter that his new birth date was 15th
May, 1952. However, the date on record has been tempered with because the 1949
has been changed to 1952 with a pen.<o:p></o:p>The Respondent further submitted that the Petitioner wrote a
letter in February 2009 applying for a correction of his date of birth which he
stated that was an error on his part and he attached his birth certificate and
incidentally, the birth certificate was prepared in 2009; the year he was due
for retirement.<o:p></o:p>FINDINGS<o:p></o:p>The Petitioner attached photocopies of documents proving his date
of birth at the time he entered the Nursing Service and which qualified him to
work with the Ghana Health Service and photocopy of his appointment letter. The
Petitioner further attached a copy of his local verification form obtained from
Nurses and Midwives Council proving his date of birth.<o:p></o:p>The Commission observes that
in response to the application for correction of date of birth, the respondent
in a letter No. GHS/HRD/ADM. dated 4th May, 2009 refused to grant the request
because it took the Petitioner over twenty years to apply and not until the
IPPD 2 software reminded him that he was to retire on 15th May, 2009 he would
not have averted his mind to the purported error.<o:p></o:p>