Legal Question in Employment Law in Ghana

I served three months in May 16th 2018 notice to resign after 13 years. I had 78 days accrued leave so i proceeded on vacation.The company on receipt of my notice designed an exit agreement that required me support the company until 31 08 2018 which i did and handed over accordingly. In the agreement the company paid all my salaries and allowances. Additionally additional 16 days i worked was paid me.

Questions:

1)Is the resignation a voluntarily exit or not?

2)Management team of the company had no conditions of service and thus relied on that of Professional & Managerial Staff Union on most cases such as long service award,funeral grants.

3)There is an allowance for workers who work over 13 years and exit voluntarily,attain age 50+ and must serve three months notice.

QUESTION:

The company has denied me this allowance and refused to respond to my petition.

Advise me


Asked on 1/29/19, 4:58 am

1 Answer from Attorneys
MAXWELL AMIHERE ACKAH-AMOS LAWPLACE

1. Yes the exit is voluntary, evidenced by you resignation notice

2. Regarding the unpaid allowance: you mentioned there was no HR policy on this, but your company often leveraged the Union's T & Cs. Is you company's staff, members of this Union? If not you may not be able to claim under it. If yes, then you could claim under it. However take a look at the contract you signed with the company. Is there any clause to the effect that you relinquish all financial claims against the company aside those specifically mentioned in the Agreement which you signed? Depending on what's in there as mentioned, you could have waived that off - or not

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Answered on 1/29/19, 7:37 am


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