FRED AKWA vs. MEDICAL AND DENTAL COUNCIL [2015]DLNLC8391

Date	2015-12-30
Suit No.
Citation No.	[2015]DLNLC8391

[2015]DLNLC8391
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													<main id="main" class="content" style="min-height: 60rem" >FRED AKWA<o:p></o:p>vs.<o:p></o:p>MEDICAL AND DENTAL COUNCIL<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-137/08/2016/02K&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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>Following the grant by the Ministry of Health of one slot of a fellowship award to the Respondent, the Respondent selected the Complainant to pursue a two year MBA HRM Programme at the University of Ghana Business School from August, 2007 to September, 2009.<o:p></o:p>Six months after the expected date of completion, the Complainant neither resumed work nor furnished the Respondent with information on whether or not he had duly completed the programme. The Registrar, Dr. E.K. Atikpui consequently, wrote to the Complainant on March 4, 2010 to provide some explanation on the matter by 19th March, 2010.<o:p></o:p>In his reply dated 17th March, 2010 the Complainant neither commented on whether he had completed the MBA programme nor explained his absence from work. However, in a memorandum dated 17th April, 2012 captioned, “Resumption of Duty" and addressed to the Registrar, the Complainant informed him that he had resumed duty after his two year study leave. He also intimated that the study" leave Committee on 11 April, 2008 and ended on 10" April, 2010. This was disputed by the Ad hoc Committee that investigated the matter.<o:p></o:p><o:p>&nbsp;</o:p>In a memorandum dated 23'4 April, 2010 addressed to the Complainant, the Registrar made reference to the Complainant's silence on the time of completion of his MBA programme and discussions held between them on 19th April, 2010 at which meeting, the Complainant intimated that he was yet to submit his thesis, and advised him to apply for his annual leave to enable him concentrate and complete his thesis.<o:p></o:p>In his reply dated 27th April, 2010 the Complainant said among other things, that he submitted his long essay in January, 2010 and will therefore not need any leave. Meanwhile, he ignored repeated written requests to him to submit his original MBA Certificate in line with procedure to the Registrar to enable the Respondent take the requisite action.<o:p></o:p>In a letter dated 10th November, 2011 and captioned, " Petition Against Unfair Labour Practices", the Complainant sought the "Commission's investigation of some unfair labour practices against him since 2008 without just cause and award cost for the inhuman treatment meted to me" having exhausted all the internal channels of addr