Korle-Bu Boss Faces Contempt

Sacked President of the Korle-Bu Teaching Hospital (KBTH) Senior Staff Association (KOSSA), Charles Ofei-Palm, is leaving no stone unturned in his quest to get his job back.

He has consequently instituted contempt proceedings against the management and Board of the hospital for wrongful dismissal.

In a suit filed yesterday, July 19, 2016, he wants the human rights court to commit the Chief Executive Officer (CEO) of the hospital, Dr Gilbert Buckle; 11 other Board members, including the Chairman, Professor Anthony Mawuli Sallar,;  Secretary of the Disciplinary Committee; Director of Human Resources, Samuel Akotua Atweri and the Chief Internal Auditor, Stephen Pedison Aryeh, to prison.

If granted, the order would also affect Professor Jennifer Wellbeck, Robert Kempes Ofosuware, Perpetual Praise Annan, Henryatta Paidoo, Dr Samuel Asiamah, Florence Ama Nkansah, Benjamin Abrakwa, Victoria Quaye and Nurudeen Mohammed, who are all Board members.

 
Offence
Their offence, as stated by Ofei-Palm, who apart from being president of the KOSSA, was also a pharmacist with the hospital, is that they caused the wrongful termination of his employment when there was already an existing case pending in the court against his interdiction.

It followed an interview he granted Accra-based radio station – Class FM -bothering on the management of the hospital, which according to the authorities, was without recourse to the media policy of the hospital.

Upon receipt of his interdiction letter, which was dated March 24, 2016, he averred that he conferred with his lawyer, Edward Sam Crabbe, and realized that his interdiction was wrongful in the sense that the pre-condition requirements which are contained in the Korle-Bu Disciplinary Policies and Procedures and that of the Ghana Health Service, were not satisfied before the decision was handed down.

Having satisfied himself that his interdiction was wrongful and against his fundamental human rights, Mr Ofei-Palm said, “I instructed my lawyer to file and lodge at the registry of the Human Rights Division of the High Court, Accra, an application for redress under Article 33 of the 1992 Constitution and claim the reliefs stated thereon.”

Even though the application was filed on April 6, 2016 and the case called on three occasions he revealed that “the respondents [Korle Bu Board, CEO and the rest of those affected] have not served me or my lawyer an affidavit in opposition at the time of filing the instant action.”

He indicated in the suit that in the forenoon of April 6, 2016, the Disciplinary Committee of the Board met him with the view of hearing his side of the story on his alleged misconduct, even though he had not been served with a notice to appear, compelling the chairperson of the committee to postpone hearing for him (Ofei-Palm) to be served notice. But that, he asserted, never happened adding that acting upon a purported recommendation of the Disciplinary Committee, his employment was terminated.

It was for this reason Ofei-Palm said, “I am advised and verily believe same to be true that the respondents, having been made aware or became aware of the pendency of suit No. HR/0049/2016, ought not proceed to draft and execute my termination of employment letter.” He therefore stressed that the termination of his employment during the pendency of the case against his interdiction is contemptuous.

By Charles Takyi-Boadu