THE SESHE vs. GHANA WATER COMPANY LINMITED [2016]DLNLC8384

Date	2016-05-11
Suit No.
Citation No.	[2016]DLNLC8384

[2016]DLNLC8384
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													<main id="main" class="content" style="min-height: 60rem" >THE SESHE<o:p></o:p>vs.<o:p></o:p>GHANA WATER COMPANY LINMITED<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-700/010/016/67W&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 11TH MAY, 2016<o:p></o:p></div>FOR THE COMMISSON:<o:p></o:p>EDWARD BRIKU-BOADU (CHAIRMAN)<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;">RULING<o:p></o:p></div>The complainant in a letter dated September 8, 2008 and captioned, "Petition Against Unfair And Unlawful Removal from Office By Ghana Water Company" lodged a complaint of unfair removal from Office with the Commission. In his sworn affidavit of 12 February, 2013 the Complainant said, among other things, that the Respondent dealt unfairly and unlawfully with him, that the Disciplinary Committee breached his right to a fair hearing by denying him the opportunity to attend various sittings of the Committee to cross examine the witnesses who testified at the sittings, that the Committee failed to attach the requisite weight to his evidence relating to the private transaction he had with the customer, that his removal from office was in error of section 6.4 of the Senior Staff Collective Agreement and inconsistent with the Labour Act, 2003 ( Act 651) which does not use the word "removal". He was therefore praying the Commission to grant him the following reliefs:<o:p></o:p>1. " To set aside his Removal,<o:p></o:p>2. Award to his Salary, allowances and all other benefits that would have been due to me but for my illegal Removal from office,<o:p></o:p>3. Interest on my salary, allowances and due benefits, and 4. General damages for gross industrial abuse."<o:p></o:p>The complainant was until his removal from office on December 11, 2008 the Respondent's District Commercial Officer, Assistant Revenue Officer 11. By a letter dated May 30, 2008 and captioned, "Suppression of Revenue", the Respondent queried the Complainant to explain why disciplinary action should not be taken against hiin for suppression of a cash payment of GHC4, 800.00 made by its customer by name Kwaku Fosu to the complainant in place of his cheq<sp</main>