CHRAJ asks GCB to respond to unfair sacking of UT, Capital staff

GCB Bank Ghana has been asked by the Commissioner of Human Rights and Administrative Justice (CHRAJ) to respond, within 10 days, to allegations by some 37 dismissed workers that they were done away with unfairly.

The workers, who were sacked in February last year, among many others, are contending that their appointments were terminated on unexplained grounds.

They argue that their termination is unfair, discriminatory and violates their right to work.

In a letter dated 30 January 2020 to the management of GCB Bank, CHRAJ said: “Please take notice that the Commission will proceed with its investigations if you do not submit your comments/response within the time stipulated herein”.

Quoting Article 17 (2) and (3) of the Constitution, which guarantees the right to non-discrimination, which provides: “A person shall not be discriminated against on grounds of gender, race, color, ethnic origin, religion, creed or social or economic status.”

It added: “For the purposes of this article, ‘discriminate’ means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of another descriptions are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description’”.

Article 296(a)(b) of the Constitution also provides: “Where discretionary power is vested in any person or authority- That discretionary power shall be deemed to imply a duty to be fair and candid. The exercise of the discretionary power shall not be arbitrary, capricious or biased whether by resentment, prejudice or personal dislike and shall be done in accordance with due process.”

Furthermore, section 14 (1) of Commission on Human Rights and Administrative Justice Act, 1993 (Act 456) provides: “Where the Commission decides to conduct an investigation under this Act, it shall give the authority or person concerned and to buy other person who is alleged in the complaint to have taken or authorised the act or omission complained of, an opportunity to comment on any allegation contained in the complaint and the representative of the authority or person concerned shall submit his comments within such time as the Commission may specify.”

In February last year, some 164 staff of the defunct UT and Capital Bank staff who were absorbed by the GCB Bank were sacked from the company over their secondary school results.