FRANCIS TAMME - SECURITY OFFICER vs. MESSRS. COSCHARIS GHANA LIMITED [2013]DLNLC8338

Date	2013-05-08
Suit No.
Citation No.	[2013]DLNLC8338

[2013]DLNLC8338
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													<main id="main" class="content" style="min-height: 60rem" >FRANCIS TAMME - SECURITY OFFICER<o:p></o:p>vs.<o:p></o:p>MESSRS. COSCHARIS GHANA 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-604/2011/2013/01P&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 8TH MAY, 2013<o:p></o:p></div>FOR THE COMMISSON:<o:p></o:p>DENNIS K.Y. VORMAWOR<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<o:p></o:p></div>On 15th November, 2011, Mr. Francis Tamme petitioned the National Labour Commission that his appointment has been unfairly terminated by his employers, Messrs. Coscharis Ghana Ltd.<o:p></o:p>The Commission sent the petition to the respondent company for their response.<o:p></o:p>On 10th January, 2012, Kpatsa and Associates, solicitors for respondent wrote to the Commission and stated among other things as follows 'his appointment was terminated after he had been queried and investigated on various issues leveled against him by his immediate supervisor and on which he could not give satisfactory explanations':<o:p></o:p>Thereafter, the parties were invited by the Commission for hearings.<o:p></o:p>Facts of the Case<o:p></o:p>Mr. Francis Tamme had been working for three years as security officer with the respondent company.<o:p></o:p>On 28th September, 2010, the company alleged that a car battery had been stolen. Petitioner and other security officers were surcharged with the cost of the battery and made to pay for it.<o:p></o:p>On 27th June, 2011, petitioner was queried that you fix a mosquito net and lodge yourself when you are supposed to keep guard of the company's property'. Petitioner replied to the query and was subsequently given a warning.<o:p></o:p>Respondent alleged that on 6th November, 2011, a security man from a neighbouring company informed the Managing Director of respondent company that he saw petitioner giving out scraps to a scrap dealer in front of respondent company's gate and that he also carried out engine oil on another day.<o:p></o:p>Petitioner was written to, to explain and he denied the allegation. No investigation was conducted to ascertain the veracity of the allegation.<o:p></o:p>On 21 November, 2011, respondent wrote to the petitioner terminating his a