FRANK ADDY vs. POST SYSTEMS MEDIA LIMITED [2016]DLNLC8376

Date	2016-12-22
Suit No.
Citation No.	[2016]DLNLC8376

[2016]DLNLC8376
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													<main id="main" class="content" style="min-height: 60rem" >FRANK ADDY<o:p></o:p>vs.<o:p></o:p>POST SYSTEMS MEDIA 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-82/016/016/17Q&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 22ND DECEMBER, 2016<o:p></o:p></div>FOR THE COMMISSON:<o:p></o:p>CHARLES A. BAWADUAH (EXECUTIVE SECRETARY)<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>Facts:<o:p></o:p>On the 9th February, 2016, Frank Addy (hereinafter called "the Complainant") lodged a complaint of non-payment of salary arrears with the National Labour Commission against Post Systems Media Limited (hereinafter called "the Respondent").<o:p></o:p>Complainant's submissions:<o:p></o:p>The Complainant submitted that he was employed in October, 2015 but, he received his salary on 20th November, 2015 due to financial difficulties of the Respondent Company. He added that apart from GHC100 that one Mr. Dodoo, a representative of the Respondent Company gave him, he did not receive anything from the Respondent till the end of the year ending, 2015 even though, he was promised of a cheque from Stanbic Bank.<o:p></o:p>The Complainant also submitted that when he resumed work in January, 2016, Mr. Dodoo accused him of stealing his laptop and he indicated his innocence in the presence of one Mr. Kwasi Nantwi, a co-worker.<o:p></o:p>The Complainant again submitted that the Cleaner who was giving him the office key did not give it to him when he resumed work in January, 2016 with the reason that Mr. Dodoo ordered her not to do so. He added that when he called Mr. Dodoo for confirmation of what the Cleaner had told him, he could not have time to confirm.<o:p></o:p>The Complainant averred that when he finally got Mr. Dodoo on February 6, 2016 and asked for his salary arrears from November, 2015 to 22nd January, 2106, he brought the laptop issue again so, he realized that he did not want to pay the money.<o:p></o:p>The Complainant in consequence, wants his November, 2015, December, 2015 and January, 2016 salary arrears.<o:p></o:p>In reaction to the complaint, the Respondent submitted that the Complainant did not join the Respondent Company as he claimed, rather, he made a personal approach and was allowed to associate in order to gain employment with a sister security company, JBS Security.<o:p></o:p>The Respondent also submitted that its Company had a break from November 13, 2015 up to the year, 2016 but, the Complainant was allowed to be in the office to prove himself or his value to the sister security company which was going to use the same premises. However, he could not prove his value to JBS Security during the period that he was in the office.<o:p></o:p>The Respondent again submitted that the Complainant was not on any salary scale and that, the said Ghc100 was paid to him on humanitarian grounds just like other amounts paid to him over the period.<o:p></o:p>The Respondent contended that an asset check revealed that there was a missing laptop and the Complainant was questioned on his knowledge about it but, his response was unacceptable. The Complainant was issued with a written query but, his response was equally unacceptable. It added that the Lady Cleaner only showed concern and commitment to review the key and personnel movement that could account for loss and possible recovery of the laptop.<o:p></o:p>The Respondent stated that the Complainant still owed its Editor-in-Chief an obligation to assist in recovery of the laptop and other assets; and cooperate with the Police to recover the laptop and other assets.<o:p></o:p>FINDINGS AND DECISION:<o:p></o:p>The Commission notes that the Complainant was employed verbally and had his appointment terminated the same way. Even though there was no appointment letter, there is evidence of employment relationship between the Complainant and the Respondent. If the Complainant was not an employee, the Respondent would not have issued written query to him to respond to the missing laptop.<o:p></o:p><o:p>&nbsp;</o:p>