DR. ABDUL KARIM BOAKYE-YIADOM vs. KWAME NKRUMAH UNIVERSITY OF SCIENCE & TECHNOLOGY [2013]DLHC3857

DR. ABDUL KARIM BOAKYE-YIADOM vs. KWAME NKRUMAH UNIVERSITY OF SCIENCE & TECHNOLO... [2013]DLHC3857

Date	2013-06-20
Suit No.	SUIT NO.OCC/34/12
Citation No.	[2013]DLHC3857

ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

MARIAM AGYEMANG GYASI JAWHARY FOR THE PLAINTIFF.

ISAAC BERKO FOR THE DEFENDANT.

[2013]DLHC3857
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													<main id="main" class="content" style="min-height: 60rem" ><a name="OLE_LINK1">DR.
ABDUL KARIM BOAKYE-YIADOM<o:p></o:p></a>vs.<o:p></o:p>KWAME NKRUMAH UNIVERSITY OF SCIENCE &amp; TECHNOLOGY<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL DIVISION), KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT NO.OCC/34/12&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 20TH
JUNE, 2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MARIAM
AGYEMANG GYASI JAWHARY FOR THE PLAINTIFF.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

ISAAC BERKO FOR THE DEFENDANT.<o:p></o:p>

ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF
THE HIGH COURT<o:p></o:p>

JUDGMENT<o:p></o:p>

</div>On 11/04/2012, the Plaintiff herein
instituted the instant action against the Defendant herein for three reliefs a
set out below:<o:p></o:p><ol style="margin-top:0in" start="1" type="1">
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-list:l5 level1 lfo1;
 tab-stops:list .5in">An
 order for the payment of the sum of GH¢24,000 being the total sum of
 salary due the Plaintiff from 1st August 2010 to 31st
 July 2011 at a gross rate of GH¢ 2, 196.62 ( as at July 2009);<o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-list:l5 level1 lfo1;
 tab-stops:list .5in">Interest
 on the said sum of GH¢ 24,000 from 1st August 2010 to date of
 final payment; <o:p></o:p></li>
 <li class="MsoNormal" style="text-align:justify;line-height:115%;mso-list:l5 level1 lfo1;
 tab-stops:list .5in">Damages
 for breach of contract.<o:p></o:p></li>
</ol>The Plaintiff’s case as
captured in his 30 paragraphed statement of claim was that immediately
following his retirement from the Defendant Institution, he was engaged on
contract by the Defendant as a Full-Time Lecturer. Sometime in August 2009, the
Defendant unilaterally and arbitrarily changed his position as a Full-Time
Lecturer to a Part-Time Senior Lecturer without notification.&nbsp; He accepted this Part-Time position under
protest but continued to work over and above the 12 hours per week limit set by
the Defendant for Full-Time Lecturers. That notwithstanding, the Plaintiff
alleged that he never received a salary for the period in question but was
rather offered some meager wages. It was also his case that other lecturers who
suffered similar treatment were reverted to Full-Time status after they had
petitioned, but his petition was refused on grounds of late submission.
According to the Plaintiff, this discriminatory treatment has negatively
affected him financially. Hence, the instant action.<o:p></o:p><o:p>&nbsp;</o:p>The Defendant’s case was
that it offered a two-year post-retirement contract to the Plaintiff which
expired in the year 2007. He applied again and was offered a one year Full-Time
post-retirement contract effective 1st October 2007 to 31st
July 2008. This was followed by another one year Full-Time post retirement
contract effective 1st August 2008 to 31st July, 2009.
When this second contract ended, the Defendant offered him a one year Part-Time
appointment from 1st August 2009 to 31st July 2010 upon
certain terms. It was the Defendant’s case that although the Plaintiff
expressed some disapproval, he accepted these terms and continued to work based
on the responsibilities he had to fulfill as a Part-Time Lecturer. The
Defendant alleged that it was the Plaintiff’s responsibility to make claims for
payment of allowances as a Part-Time Lecturer. The Defendant denied that the
Plaintiff was entitled to professional allowance and unpaid salary amounting to
GH¢ 24,000.00.<o:p></o:p><o:p>&nbsp;</o:p>The issues set down for
trial are as follows:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not after his statutory
retirement, Plaintiff was offered a post-retirement appointment as a full time
lecturer?<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not in or around August,
2009, the Defendant unilaterally changed the Plaintiff’s position from full
time to part time lecturer?<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not a petition was
received and acted upon concerning the conversion of lecturers from full time
to </main>