ELI ASASE vs. P.B.C LIMITED [2023]DLNLC17005

Date	2023-11-03
Suit No.
Citation No.	[2023]DLNLC17005

JUSTICE KWABENA ASUMAN-ADU (RTD.) (CHAIRMAN)

[2023]DLNLC17005
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ELI ASASE <o:p></o:p>

P.B.C
LIMITED<o:p></o:p>

[NLC]<o:p></o:p>

Our Ref:
NLC/C-462/019/023/3C&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;3RD NOVEMBER&nbsp; 2023<o:p></o:p>

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FOR THE COMMISSION: <o:p></o:p>

JUSTICE KWABENA
ASUMAN-ADU (RTD.)&nbsp; (CHAIRMAN)<o:p></o:p>

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&nbsp;

RULING<o:p></o:p>

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&nbsp;

&nbsp;

INTRODUCTION<o:p></o:p>

This case of unfair termination was
initially filed on behalf of the complainant by his Consultant against the
respondent in the name of "Eli Asare" as the complainant against the respondent on 2nd
June, 2019.<o:p></o:p>

&nbsp;

Per a letter dated 22nd July, 2019, the Commission
forwarded the complaint to the respondent requesting it to file its response to the complaint. The respondent
was given fourteen (14) working days within which the response should be filed. The respondent
did not respond as directed
so a final reminder was sent to the respondent
by the Commission per a letter dated 3rd September, 2019.<o:p></o:p>

&nbsp;

In response to the said letter of
reminder, the respondent per a letter dated 26th September, 2019
wrote to the Commission that per their records, they had never had a Commission
Marketing Clerk by name Eli Asare. It also stated that PBC Limited's Commission
Marketing Clerks were not its employees. Therefore, if even the said Eli Asare
were to be a Commission Marketing Clerk of PBC Limited, he could not file a
complaint with the Commission as an
employee of PBC Limited.<o:p></o:p>

&nbsp;

Parties were, therefore, invited to
appear before the Commission for hearing. The respondent, however, raised the
issue of capacity on ground that the complainant had never been an employee of
the respondent company. The complainant was as a result requested by the
Commission to provide evidence of his employment relationship with the respondent.<o:p></o:p>

&nbsp;

The complainant later provided evidence to prove
that his name was not Eli Asare but Eli
Asase who was a Commission
Marketing Clerk of the respondent company. The issue of the complainant being unknown was
resolved and the docket amended to reflect complainant's actual name of Eli Asase.<o:p></o:p>

&nbsp;

The respondent, however, went on to
raise the issue that the complainant was not its employee but rather was its
agent so there was no employment relationship between them. The respondent was, therefore, directed to file its
response to the complaint.<o:p></o:p>

&nbsp;

The
Commission subsequently, heard the matter
and went on to direct parties to file their submissions which
they both complied.<o:p></o:p>

&nbsp;

This ruling is, therefore, in respect
of the said complaint filed by the complainant against the respondent on 2nd June 2019.<o:p></o:p>

&nbsp;