EKOW ESHUN vs. ANGLOGOLD ASHANTI LIMITED [2015]DLNLC8388

Date	2015-12-30
Suit No.
Citation No.	[2015]DLNLC8388

[2015]DLNLC8388
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													<main id="main" class="content" style="min-height: 60rem" >EKOW ESHUN<o:p></o:p>vs.<o:p></o:p>ANGLOGOLD ASHANTI 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-346/011/016/61L&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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 a Heavy Equipment operator on 9th March, 1993. On 12** November, 1993 he was involved in a work related accident and sustained an injury to the right shoulder which was operated upon at the St. Joseph Hospital at Koforidua.<o:p></o:p>In a memorandum dated 28th October, 1998 addressed to the Respondent's Human Resource Manager, Dr. S.G.K.Agodzo, the Respondent's Medical Officer advised that the Complainant who had "the distal end of his right clavicle cut off and had made several visits for review was now fit for light duty but should not be made to perform tasks which may put a lot of strain on his right arm, such as lifting heavy objects, driving, throwing shovels, pick-axes etc."The Medical Officer concluded that "Based on the specialist report and my own examination of Mr. E. Eshun, he is fit for light duties only. It will therefore be in the interest of management to find him a suitable job”. By a letter dated 24h November, 1998 he was transferred from the Mining Department to the Human Resource Department as a Security Officer.<o:p></o:p>On 16th March, 2011 the Resident Medical Officer referred the Complainant to the Municipal Medical Board for a review as to his state of health.<o:p></o:p>The Municipal Medical Board Report dated 17th March 2011, stated among other things, that the Complainant was a known diabetic and hypertensive and on medication, and still complained of persistent pains in the right shoulder as a result of the accident.<o:p></o:p>The Report also stated that the Municipal Medical Board critically analysed the Complainant's medical reports repeated an X-ray of his chest and found that the Complainant had "developed rotator cuff disease of the right shoulder .......... ............thus making him incapable to cope with the physical demands of operating heavy mining equipment". The Bo