UNFAIR TERMINATION BISMARK MENSAH vs. GHANA TOURIST DEVELOPEMNT COMPANY LIMITED [2015]DLNLC8386

Date	2015-12-30
Suit No.
Citation No.	[2015]DLNLC8386

[2015]DLNLC8386
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													<main id="main" class="content" style="min-height: 60rem" >UNFAIR TERMINATION BISMARK MENSAH<o:p></o:p>vs.<o:p></o:p>GHANA TOURIST DEVELOPEMNT 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-605/011/016/63L&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 30TH DECEMBER, 2015<o:p></o:p></div>FOR THE COMMISSON:<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;">EDWARD BRIKU-BOADU (CHAIRMAN)<o:p></o:p>DECISION<o:p></o:p></div>BACKGROUND<o:p></o:p>The Complainant was employed by the Respondent as Accounts Officer on 15 October, 2006. His appointment letter stated among other things, that he would "be bound by the Conditions of Service for Junior Staff Members" and that he will "be directly responsible to the Operations / Administrative Manager".<o:p></o:p>The Complainant's duties as spelt out in his appointment letter included performing basic accounting duties, filling PAYE/SSNIT Returns, preparation of staff payroll, preparing monthly and quarterly trial balance and financial statements, preparation of records for annual financial statement ( budget), answering all audit queries and taking the necessary corrective measures. His appointment letter also stated that either party could terminate the contract by giving one month's notice or one month's salary in lieu thereof.<o:p></o:p>On 4 August, 2008 the Respondent employed an Accountant who took over the duties of the Complainant.<o:p></o:p>Following complaints by some staff that there were disparities in the implementation of newly approved salaries sometime in 2009, the Acting Managing Director, J.F. Mensah, after studying the staff files, discovered that in January, 2009 the Complainant without any Board approval promoting him, moved his basic salary from notch 3 on the Assistant Accounts Officer's salary scale to notch 1 on the Senior Accounts Officer's scale instead of notch 4 on the Assistant Accounts Officer's scale before increasing it by 50% contrary to the decision that each staff was to be given one incremental jump before applying a 50% salary increase across board.<o:p></o:p>On 11th May, 2009 the Acting Managing Director queried the Complainant and reversed his salary to GH0312.56 with retrospective effect from 15 April, 2009. The Complainant replied to the query and attached a letter dated 18th March, 2009 with reference number GTDC/ADM/075 purportedly signed by Victoria Manford the Respondent's Managing Director, (who had been asked to proceed on leave on 16h March, 2009 but had the period extended on her request), promoting the Complainant from Assistant Accounts Officer to Senior Accounts Officer with effect from 15 january, 2009 on the 1s notch of Senior Accounts Officer salary scale. He also explained that he started drawing the salary of Senior Officer in January 2009 because he had been recommended for promotion and so he made provision for his salary as Senior Officer in the budget.<o:p></o:p>A committee set up on May, 19th 2009 to investigate the complainant's alleged promotion and another matter involving the payment to a mechanic for no work d</sp</main>