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Sunday 28 July 2019

Court orders GES to reinstate teacher dismissed for being habitual absentee

Prof. Kwasi Opoku Amankwa is Director General of GES

It was the court’s decision that an embargo placed on Mr. Augustine Mac-Hubert Gabla’s salary by the GES since 2013 meant he had been “constructively” dismissed, but the said dismissal was unlawful, capricious and against his fundamental human rights as guaranteed in the 1992 Constitution.

Apart from ordering the GES to reinstate Mr. Gabla, the court further ordered the payment of all his salaries and gratuities, including increments and bonuses, which were suspended since December 2013.

It also awarded cost of GH¢10,000 in favour of Mr. Gabla, but dismissed his relief for the payment of interest on all his outstanding salaries, with the explanation that it was not the norm for a court to order the payment of interest on salaries.

The court further held that the removal of Mr. Gabla was a violation of Articles 23, 190, 191 and 296 of the 1992 Constitution, and a breach of Section 9 of Act 506.

Article 23 deals with the upholding of the fundamental human rights of people, Article 190 and 191 protect public servants from victimization and prevent their removal without a just cause, while Article 296 stipulates that the exercise of discretionary power must be fair and in accordance with due process of the law.

Unfair treatment
According to the court, presided over by Justice Ananda Juliana Aikins, the GES breached the rules of natural justice by failing to give Mr. Gabla an opportunity to respond to the allegations levelled against him.

Justice Aikins ruled that the GES should have initiated disciplinary proceedings against the teacher in line with Section 9 of the Ghana Education Service Act, 1995 (Act 506) to enable him to respond appropriately before reaching a determination that he vacated his post on numerous occasions.

“The court finds as a fact from the evidence before it that the plaintiff (Mr. Gabla) was not given a hearing on the issues of his alleged vacation of post.

“If indeed the plaintiff absented himself from work without reasonable cause as the defendants say he did, then it was incumbent on the officers of the first defendant (GES) to put the defendant through the laid down disciplinary procedure provided for under the first defendant’s code of conduct and conditions of service and give the plaintiff an opportunity to be heard and thereafter the appropriate sanctions applied if need be.

“The failure to do that amounts to a travesty of the rules of natural justice and was in the circumstance unfair to the plaintiff,” Justice Aikins ruled.

Mr. Gabla’s case
Mr. Gabla was employed as a teacher by the GES in 1994. He worked in various capacities and as of 2012, he was the Statistics Officer of the Winneba Municipal Education Directorate.

In December 2013, an embargo was placed on his salary on allegations that he was a habitual absentee.

The teacher failed to have the embargo lifted despite numerous efforts and in 2015, he dragged the Director-General of the GES and the Attorney-General (A-G) to court.

It was his case that during his time as a Statistics Officer, the Winneba Municipal Education Director allegedly asked him to massage some figures but he refused.

He alleged that after his refusal, he became a target of discrimination and was eventually transferred to the Winneba Anglican Primary School to teach.

According to him, while working at the primary school, he attended an interview for a position as the Statistics Officer for the Awutu Senya District.

His lawyers argued that due to follow-ups after the interview, he was unable to attend class at all hours.

They further argued that the embargo placed on their client’s salary was discriminatory and that he had been constructively dismissed without a just cause.

Among other reliefs, Mr. Gabla wanted to be reinstated and all the salaries due him paid with interest.

Mr. Gabla was represented by Lawyer Victor Kwesi Opeku

Defendants’ case
Lawyers for the defendants, however, argued that Mr. Gabla had a habit of regularly absenting himself from work and that his salary was suspended due to that and not his allegations of discrimination.

According to the defense lawyers, even as a Statistics Officer, Mr. Gabla was not regular at work and due to that he was cautioned in a letter dated November 14, 2012.

It was their contention that it was after the said caution that Mr. Gabla was transferred to the Anglican Primary School on November 26, 2012.

They further contended that even as a teacher at the Anglican Primary School, Mr. Gabla continued to absent himself from class and as a result, an embargo was placed on his salary in 2013.

The defense argued that Mr. Gabla neither resigned nor was he dismissed and, therefore, he was not entitled to the reliefs that he sought from the court.

Court’s decision
In her judgement delivered on June 26, 2019, Justice Aikins held that there was no evidence on record to support the claim of Mr. Gabla that he was asked by the Municipal Director to massage figures, neither was it wrong for the GES to transfer him.

The presiding judge was, however, of the view that the manner in which an embargo was placed on the teacher’s salary was unlawful.


Thursday 18 July 2019

End of Semester Project Work: Form 1 and Form 2


All project works for Form 1 and Form 2 respectively have been posted. All students are endeavored  to click on the appropriate link to download a PDF file for the their project works. 
  1. Click here to download Form 1 Project Work
  2. Click here to download Form 2 Project Work
Additional Information:
Use your OTG Drive to transfer your project work from your computer or laptop unto your smartphone and send by WhatsApp, provided you don't have an e-mail address or Internet Service at your end.

Note: Closing date for the submission of project work is Wednesday, 31st July 2019


Thursday 11 July 2019

St. Augustine's College, Augusco has overpowered Presbyterian Boys SHS and St. Peters College to win the #NSMQ2019 trophy.


Augusco dictated the pace of the competition by leading from round through to fifth round.

The clash of the titans begun with an anthem of each school and introduction of contestants with loud cheers from the audience which shook the foundation of the National Theatre in Accra.

The National Theatre was full to capacity with old students, current students and staff in anticipation for their schools to leave up to expectation and win the trophy.

Round one was tensed as all three schools tried to pick up needed points going into the remaining rounds to avoid the embarrassing "I'm not accepting it" statement from the quiz mistress Dr. Elsie Effah Kaufmann.

Presenting the questions to the contestants with a mix of lighter responses after they answer, the quiz mistress kept the auditorium lively.

St. Augustine's College at the end of the first round moved ahead of the other schools scoring 26 points, Presec, Legon: 21 points and St. Peter's SHS: 12 points.

The speed race did not favour St. Peters, as they scored 11 points and Presec, Legon: 20 points with the 2007 champions, Augustine's College leading with 28 points.

Performance in the problem of the day round was nothing to write home about as all schools scored a single point.

Super substitutes for both Presec and Augusco, Nathaniel Mensah and Newton Jimmy respectively gave the competition a new face as the two schools race to make the ultimate price.

The round ended with a close contest, Augusco scored 36 points and Presec scored 34 and St Peters 25 points.

The last round said to be the lifesaver for Presec did not go down well for as they had no point and St Augustine picked a three-point to win the trophy. Augusco ends the contest with 39 points and Presec 34 points and St. Peters 25 points.

Friday 5 July 2019

NSMQ2019: Gey Hey Reduces Two NSMQ Giants To Dust

Wesley Girls' SHS has progressed to the semifinal of the ongoing National Science and Maths Quiz after a monumental win over two of the best schools in the competition.

The Cape Coast-based school has kept the hope of a girls’ school winning the 26-year-old Primetime show alive.

The girls displayed a consistent performance of accuracy to kick-out the two favourites.  They were behind after the penultimate round but their speed in the riddles which is the final round won the day for them. They answered three of the four questions correctly and one of them was answered wrongly by all the schools.

Prempeh College may be four-time champions but they not at the party at all and finished in the last place. 

The final scores were:
  • Wesley Girls’ - 57pts
  • Achimota School - 49pts
  • Prempeh College - 27pts
The only Girls school left in the competition, Wesley Girls SHS say they are ready to progress in the National Science and Maths Quiz.

They, however, have to go past four-time champions Prempeh College and two-time winners, Achimota School.

The stakes are high in this contest because no girl school has ever won the competition in its 26 years of existence.

Source: www.myjoyonline.com

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