ABDUL MAJEED ISSAH vs. VEHRAD TRANSPORT & HAULAGE CO.LTD [2023]DLNLC17246

Date	2023-11-10
Suit No.
Citation No.	[2023]DLNLC17246

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

[2023]DLNLC17246
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													<main id="main" class="content" style="min-height: 60rem" >IN THE MATTER BETWEEN ABDUL MAJEED ISSAH<o:p></o:p>vs.<o:p></o:p>VEHRAD TRANSPORT &amp; HAULAGE CO.LTD <o:p></o:p>[NLC]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0in 0in 1pt;">

Our Ref: NLC/C-460/018/2023/38&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;10TH NOVEMBER, 2023<o:p></o:p>

</div>FOR
THE COMMISSION: <o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0in 0in 1pt; margin-left: 4.5pt; margin-right: 0in;">

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

</div>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0in; margin-left: 4.5pt; margin-right: 0in;">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;tab-stops:474.9pt;border:none;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:0in 0in 0in 0in">RULING <o:p></o:p>

</div>&nbsp;BRIEF FACTS<o:p></o:p>On the 29th June, 2018, Abdul
Majeed Issah , Complainant, filed a complainant of “Unfair Termination Of
Employment ” against Vehrad Transportation &amp; Haulage Company Limited ,
Respondent.<o:p></o:p>&nbsp;The Complainant had a short period of
employment with the Respondent as one of its heavy truck drivers having been
employed on the 15th day of March, 2017 and the employment
relationship severed on the 27th November 2017; thus, the employment
relationship lasted for eight months.<o:p></o:p>&nbsp;The Commission referred the complaint to the
Labour Department to “Conduct Investigation.”<o:p></o:p>Per letter dated 9th July 2018
sine the Complainant alleged injury on the job following which his appointment
was terminated. Per letter dated 18th October,2018, the Commission
referred the Complaint to the Respondent for its response and followed with a
final reminder on 26th November 2018. By letter dated, 11th
January 2019, the Respondent responded to the complaint that “the Complainant’s
appointment was terminated in accordance with his contract on 27th
November,2017 after he had received several warning letters for various
offences.”<o:p></o:p>&nbsp;The matter was first heard at facilitation failed.<o:p></o:p>&nbsp;The commission heard the matter pursuant to Regulation
33(1) OF L.I. 1822, National Labour Commission Regulations, 2006.<o:p></o:p>&nbsp;The final hearing in the matter was on 30th
May, 2023.<o:p></o:p>&nbsp;CASE OF THE COMPLAINANT<o:p></o:p>The Complainant says that on the 27th
day October 2017 he was asked to deliver two containers of pallets at the
factory of United Steel Company at the Free Zone Enclave in Tema. On arrival he
was asked to offload both containers with his own mate because United Steel did
not have loaders to assist them. He called his supervisor to inform him of the
request, who then ordered him to go ahead and offload the containers. The
complainants asserts that he suffered some pains in his neck and left arm and
that on account of that he rushed to LEKMA hospital where he was taken care of
for a few days and later transferred to Korle-Bu Teaching Hospital and was
given some prescriptions and also did a scan. That due to this he could not
resume duty the next day, that was the 28th day of October 2017 but
reported for duty on the 3rd November 2017, but was denied payment
of his medical bills. Following that his employment was terminated on the 27th
day November 2017 by the Respondent.<o:p></o:p>&nbsp;RELIEFS<o:p></o:p>The Complainant is seeking the following
reiefs:<o:p></o:p>1.<span style="font-variant-numeric: normal; font-variant-east-asian: normal; font-variant-alternates: normal; font-kerning: auto; font-optical-sizing: auto; font-feature-settings: normal; font-variation-settings: normal; font-variant-position: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: &quot;Times New Roman&quot;;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Reinstatement
<o:p></o:p>