Visually impaired employee sues GWCL for terminating appointment

Law2A Visually impaired staff of the Ghana Water Company Limited (GWCL) has filed a suit against his employers over wrongful termination of his appointment following his predicament.

Mr Joseph Kojo Kamkam is at an Accra High Court over premature retirement meted out to him by his employers.

The former staff of GWCL is praying for a declaration that his premature retirement or otherwise the termination of his appointment as the Regional Administrative officer was unlawful.

He is praying the court that his remunerations, including full salary or benefits and other things to commensurate with his position as Regional Administrative Officer from July 2013 be paid.

Mr Kamkam is also praying the court that all moneys due him be paid at current bank rate from July 2013 as well as re-instate him as the Senior Human Resource officer.

Also, the plaintiff is praying for damages for breach of contract.

In Mr Kamkam’s statement of case, he averred that he had worked with the GWCL since 1992 and he has held several positions to the level of Administrative Officer until his appointment was terminated.

According to him he held the position as an Administrative officer until his position was terminated in 2012.

Mr Kamkam averred that whiles working with GWCL he developed Glaucoma, which impaired his vision, adding that, his sickness became worse and rendered him “totally blind.”

Plaintiff stated that during the month of September 2010, in view of his incapacitation he took his annual leave to receive treatment in Accra.

According to him, he reported to the Korle-Bu Teaching Hospital for medical attention but due to the severity of his eye problem, the doctor after examination gave him excuse duty as he was still undergoing treatment. The excuse duty, the plaintiff said was continued for a year.

Mr Kamkam said in June 2012 he was transferred from Upper East and he enrolled at the Ghana Federation of the Blind to learn new skills in Computer Technology for the blind to enhance his working skills.

According to him, software and other gadgets for the blind was installed on his computer to enhance his work.

Upon instructions, plaintiffs said the GWCL requested that he undergoes medical checkup, which he did.

He contended that it took almost a year for the report to be submitted to the GWCL and based on that, he was retired on medical grounds.

Plaintiffs averred that the action of GWCL contravened Article 6 (13) of the Collective bargaining Agreement of Senior Staff, which states that “until the final determination of the fitness or otherwise of an employee by a medical board, the employee shall continue to draw half salary till he is declared unfit to continue to work.”

He said he was retired prematurely on health grounds and he never appeared before the Medical Board and that the report of an occupational health Specialist was used to represent a Medical Board Report.

Mr Kamkam had petitioned the GWCL in July 2013 but the company had turned deaf ears to them. Plaintiff said the Ghana Labour Commission sat on the issue on a few times.

He therefore decided to proceed to court.

Source: GNA

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