GH - DR. AKWASI AMPOFO TWUMASI v GHANA REVENUE AUTHORITY

NOVISI ARYENE JA:

Events culminating in the instant appeal are that, the Petitioner/Respondent (hereinafter referred to as the Respondent), was an employee of Ghana Revenue Authority, (hereinafter referred to as the Appellant). On 8 th January 2008, Respondent applied for accumulated leave of 184 days, but was granted 100 days. On 24 th of July 2008, Respondent applied for leave arrears of 84 days, ostensibly to complete prescribed medication. It is the case of Appellant that investigations revealed that the Medical Report attached to the application was not genuine and that all the while Respondent claimed to be receiving medical treatment, he was in full time employment at Regent University.

Appellant contends that Regent University also terminated Responden t's appointment when they discovered that he was a full time employee of Appellant. And that R espondent's employment was terminated on 12 th January 2009 for following offences:

I. That Respondent took up full-time employment as a Lecturer with the Regent University whilst in full-time employment of Appellant.

II. That he submitted hospital prescription forms from unknown or unauthorized medics with the intention to deceive the Appellant to grant him outstanding 84 days leave to continue working at Regent University.

Aggrieved about the termination of his appointment, Respondent instituted an action against the Appellant at the National Labour Commission (NLC) under Section 17 of the National Labour Commission Regulation L.I 1822, claiming compensation for the wrongful termination of his employment. The matter was referred for alternative dispute resolution under the Alternative Dispute Resolution Act, Act 798.

The Sole Arbitrator delivered his Ruling on 18 th May 2012. The award which was partly in favour of the Respondent was as follows:

I. Calculation and payment of the P etitioner's personal savings account with the Staff Savings Scheme together with any accrued interest payable to any other subscriber as at the date of payment.

II. Calculation and payment of the contributions made by the Petitioner with the Management Welfare Scheme together with any accrued interest payable to any other contributor at the date of payment.

III. Calculation and payment of outstanding 84 days leave with interest at the Bank of Ghana 2 years fixed rate note at the date of payment considering the fact that this amount should have been paid at the time of termination of the employment.

IV. Calculation and

NOVISI ARYENE JA:

I. That Respondent took up full-time employment as a Lecturer with the Regent University whilst in full-time employment of Appellant.

The Sole Arbitrator delivered his Ruling on 18 th May 2012. The award which was partly in favour of the Respondent was as follows:

I. Calculation and payment of the P etitioner's personal savings account with the Staff Savings Scheme together with any accrued interest payable to any other subscriber as at the date of payment.

II. Calculation and payment of the contributions made by the Petitioner with the Management Welfare Scheme together with any accrued interest payable to any other contributor at the date of payment.

IV. Calculation and

DR. AKWASI AMPOFO TWUMASI v GHANA REVENUE AUTHORITY

Areas of Law

JUDGMENT