WILLIAM ANDREWS vs. GOLDEN STAR RESOURCES [2015]DLNLC7594

Date	2015-10-06
Suit No.
Citation No.	[2015]DLNLC7594

[2015]DLNLC7594
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													<main id="main" class="content" style="min-height: 60rem" >W<span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Times New Roman&quot;;
mso-bidi-font-family:&quot;Times New Roman&quot;;color:#00B050">ILLIAM AN<span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Times New Roman&quot;;
mso-bidi-font-family:&quot;Times New Roman&quot;;color:#00B050">DREWS<o:p></o:p>vs.<o:p></o:p>GOLDEN STAR
RESOURCES<o:p></o:p><o:p>&nbsp;</o:p>[NLC]<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">

<p class="MsoNormal" align="center" style="text-align:center;mso-pagination:none;
border:none;mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">Our Ref:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 6TH OCTOBER, 2015<o:p></o:p>

</div>FOR
THE COMMISSION: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

CHARLES
D ANTWI (SOLE ARBITRATOR) <o:p></o:p>

</div>INTRODUCTION:
<o:p></o:p>The Arbitration hearing
started at 9:00am and was chaired by Mr. Charles Antwi, NLC appointed
Arbitrator. He welcomed both parties back to his office at Christman House. <o:p></o:p>MAIN ITEM: <o:p></o:p>Arbitrator (A):
Yesterday, I got some correspondence from Mr. Koomson. I have told the other
side about it. I want to know your response to it, would this resolve the
matter? <o:p></o:p>Complainant's Consultant
(CC): We think that we are social partners and should not have got to this
stage. We thought the matter could have been resolved internally but, we could
not understand ourselves. Maybe, Management has the discretion to take
decisions, just that we found it difficult to understand the way they went
about it. <o:p></o:p>Our investigations
revealed that they have new organogram and that structure is minus the position
that Andrews used to occupy. If he goes back, what is he going to do?
Management has the right to do internal transfer but, that should not go
against the right of the worker. How is he going to be placed? Since July,
2015, he has not been paid. He was compelled to go on leave which made it
impossible for him to attend meetings. GFL itself has also incurred cost. If
they do not have any job for him since the new organogram is minus his job, why
don't they negotiate redundancy package with him? <o:p></o:p>A: You have still not
answered the question I asked. They have withdrawn the transfer and asked him
to come back to work. The issues of they having a new organogram and where do
they place him have not answered my question. <o:p></o:p>CC: We are giving
options as to how the matter can be resolved in the light of the fact that
there is a new organogram. <o:p></o:p>A: Respondent? <o:p></o:p>Respondent Counsel (RC):
We are saying that he must come back to us so that, we would know what to do
for him. This man is not a unionized worker so, we can even question your locus
(Mr. Koomson and GFL locus). We have withdrawn the transfer so, he should come
back to us. His employment has been restored. <o:p></o:p>CC: The gentleman had no
means to employ a Counsel so, he came to us. Looking at the team at the other
side being led by Mr. Aryitey, Law Lecturer and former Chairman of the
Commission, the gentleman also needed representation so, he decided to come to
the Union which the Law allows. <o:p></o:p>A: We are here because,
the Complainant complained of the Respondent's action. The Respondent said it
has withdrawn the action. So, what is the Complainant's response to his right
restored as an employee? Is he saying 'yes' or 'no' or 'no, but'? Complainant: If I am employed
as a Supervisor and given an office and something happens and I am asked to go,
later, if I am asked to come back and my tables and chairs are not in my
office, how would I work? Because, the Law does not allow our conditions to be
worsened. <o:p></o:p>