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- 7 Marks
Question
AlRabico Chemists is the only pharmaceuticals in the northern region and Mr. Oppong is one of the key Pharmacists who had worked with the company for 18 years and has special skills which can only be used at AlRabico. His net monthly salary was GH¢15,000 and he always goes to Kumasi to spend the weekends with his family. On 14th July 2016, during a staff meeting, the new head Pharmacist Alhaji Mahmoud announced Mr. Oppong’s dismissal with immediate effect for insubordination. Mr. Oppong is deeply hurt and embarrassed by the action of Alhaji Mahmoud.
Required:
i) Explain with reasons the type of service contract Mr. Oppong’s work falls. (5 marks)
ii) What remedies are available for Mr. Oppong?
(2 marks)
Answer
ci)
- An employee-employer contract is a contract of service.
- Permanent employees have a contract of service with their employer. By definition, if a worker has a contract of service with an organization, they are an employee.
- The worker is controlled by their employer—they must perform the tasks they are instructed to by a line manager according to their job description.
- The worker is expected to work at a specific place during specific hours on specific days (even flexi-time has core hours).
- The worker must present themselves for work and cannot send someone else as a substitute.
- Employees have statutory rights to holiday pay, sick pay, maternity and paternity rights, and redundancy payments.
- Employees have statutory rights regarding how they can be asked to leave their employment. (Any 5 points for 5 marks)
cii)
- To make an order for reinstatement.
- To make an order for re-engagement.
- To make an order for compensation. (Any 2 points for 2 marks)
- Tags: Contract Type, Employee Rights, Employment, Service Contract
- Level: Level 1
- Topic: Employment law
- Series: NOV 2018
- Uploader: Kwame Aikins