General News of Monday, 24 February 2020

Source: www.ghanaweb.com

Former workers of APM Terminals sue company for wrongful dismissal

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Seven former employees of APM Terminals Ghana Limited whose employment contracts were terminated on the basis of occupational injuries they suffered in the course of their work have instituted court action against the company at the Human Rights Division in the High Court of Justice in Accra.

The seven affected workers namely Abdul Jeleel, Seth Tettey Odonkor, Daniel Bentum, Abdul Karim Hanson, Emmanuel Teye Adjanor, Benharzin Narh and Emmanuel Adjei suffered different injuries to their health.

The Statement of claim indicated that after working for APM Terminal Ghana Limited for many years as machine operators, they developed serious injuries resulting in disabilities.

According to the Statement of Claim, one of the Plaintiffs who was evacuating a container with eight ( 8) pallets of acid had an accident and his head hit the roof of the equipment thus sustaining serious chronic and cervical injuries. The Statement of Claim states further that the report of a Medical Board made up of Specialists comprising a Neurosurgeon and Occupational Health Specialist had confirmed that the workers had suffered occupational injuries with degrees of incapacitation ranging from 40% to 70%.

The Statement of Claim stated that by boarding them off and stopping payment of their salaries without their recommended further medical treatment and consideration of their disabilities caused in the course of their work, the defendant put the workers under serious financial, physical and emotional stress.

The Statement of Claim stated further that, “ Plaintiffs contend that the accidents and the physical injuries at the workplace were due to the conditions and tasks under the control of management of the defendant that were assigned to them that were against their human rights to satisfactory, safe and healthy work environment.”

The Seven (7) former employees of APM Terminal who suffered Occupational Injuries are making the following claims; General Damages for the following:
Mental Torture and emotional pain, Physical Pain, Defendants loss of care

Loss of Jobs

Specific damages for loss of income made up of their salaries and allowances and medical and drug costs.

Payment of salaries from the date of the termination of their appointment up to the date of payment.

Interest

An order on the defendant to pay the full cost for their health care and cost of recommended medical treatment and surgeries to restore them back to health.

Cost including legal costs.

Any other costs the court may deem fit.

APM Terminal is a subsidiary of Maersk Ghana Limited and Maersk Ghana Limited has taken over the management of APT Terminal because of the re-organisation of Maersk and its subsidiaries.

The Statement of Claim described the affected workers as members of the Maritime and Dockworkers Union (MDU) with a Collective Bargaining Agreement (CBA) duly executed by the Union and the defendants.