TOGBE SAMAGLO vs. BAMSON COMPANY LIMITED [2012]DLNLC8372

Date	2012-02-15
Suit No.
Citation No.	[2012]DLNLC8372

[2012]DLNLC8372
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													<main id="main" class="content" style="min-height: 60rem" >TOGBE SAMAGLO<o:p></o:p>vs.<o:p></o:p>BAMSON COMPANY LIMITED<o:p></o:p>[NLC]<o:p></o:p><div style="font-size: medium; border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom: 1.5pt solid windowtext; padding: 31pt 31pt 1pt;">Our Ref: NLC/C-528/2010/2012/17R&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 15TH FEBRUARY, 2012<o:p></o:p></div>FOR THE COMMISSON:<o:p></o:p>OPANIN OBENG-FOSU (MEMBER NLC)<o:p></o:p><div style="font-size: medium; border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom: 1.5pt solid windowtext; padding: 0cm 0cm 1pt;">DECISION &nbsp;<o:p></o:p></div>Mr. Togbe Samaglo, petitioned the Commission in letter dated 19 July, 2010, against his former employer, Bamson Company Limited for "unfairly retiring him from active duty effective 30th April, 2010, even though he has not attain a voluntary retirement age of 55 years."<o:p></o:p><o:p>&nbsp;</o:p>The petition was received at the Commission on 20 July, 2010.<o:p></o:p><o:p>&nbsp;</o:p>A copy of the petition was sent to the employer by the Commission on 28 July, 2010, for their comments.<o:p></o:p><o:p>&nbsp;</o:p>The employer, through its lawyer Agyabeng G. Akrasi, Esq, responded on 19 August, 2010, and received by the Commission on 23 August, 2010.<o:p></o:p><o:p>&nbsp;</o:p>The Commission invited the parties for facilitation meeting on 23 September, 2010, by its letter of 6 September, 2010. The parties were again invited on 21 October, 2010. Respondent failed to appear and so it was rescheduled for 28 October, 2010. The process was adjourned to 11 November, 2010. It was again rescheduled for 30 November, 2010. due to the absence of the employer. Again the employer failed to be present without excuse.<o:p></o:p><o:p>&nbsp;</o:p>The Commission then wrote to the employer on 9 June, 2011, stating that the case would be heard with the view of settling the complaint and that this would be done by invoking Regulation 33 (2) of National Labour Commission. Regulation 2006, L. I. 1822, which states:<o:p></o:p><o:p>&nbsp;</o:p>“33 (2) where a party to a dispute fails to respond to a complaint in accordance with regulation 7, the Commission may determine the complaint without recourse to that party and the decision of the Commission shall be binding on the parties to the dispute."<o:p></o:p><o:p>&nbsp;</o:p>In spite of the above, the respondent failed to come to the Commission for settlement. However, following the facilitation process on 28 October, 2010, which was attended by the parties some suggestions were made and agreed upon. As a result of that, the Respondent, through its Lawyer, wrote a letter to the Commission on 21 July, 2011 which was received on 02 August, 2011. The body of the letter reads:<o:p></o:p><o:p>&nbsp;</o:p>"In respect of the above-named matter, I have the instruction of my clients to make a counter offer of GH¢3,000.00, besides all the moneys paid to the Petitioner, as full and final settlement of his retirement package.<o:p></o:p>