Read the evidence of Osei Tutu and answer the questions below.

Do not advice
on dismissal:

I, Osei Tutu of Tanoso - Kumasi say:

My date of birth is 1st February, 1974. I was employed initially as a Salesperson in

January 2004 and from January 2005 as a Sales Manager by Bottled Beer Limited. I
commenced employment on 1st January, 2004 and I was dismissed on 16th April, 2013. I
worked 38 hours a week. My basic gross salary was GH¢40,000 per annum. My net
salary was GH¢2,000 monthly. I also had a company car and was a member of the
company pension scheme.

When I started employment with Bottled Beer Limited I was given a written Contract of
Employment. I didn’t read it at the time. I now know that at clause 7 of the contract it
states that drinking at work is forbidden. When I was promoted to Sales Manager I was
given a letter confirming my new terms and conditions.

I have been very happy at Bottled Beer Limited and never had any disciplinary action
taken against me or any other complaints about my conduct.

Ever since I have been employed by Bottled Beer Limited I have drunk the odd bottle of
beer in the rest rooms. It is accepted practice in the organisation. I am not aware of any
disciplinary action being taken against anybody else for doing this. I know that one of
the other Senior Managers has a bottle of beer with his lunch every day.

On 3rd April, 2013 at about 4pm in the afternoon the sales figures were released for
March 2013 and showed that the sales team had exceeded the monthly target by 25%.
We were extremely happy as we had had poor results for the previous two months of
January and February. We felt that we had turned the corner and that we were back on
an upward path. Five other Sales Mangers and I decided to have an impromptu review
meeting in the rest room and took a crate of beer with us. We were not drunk or rowdy
but were quietly discussing the factors which had influenced our successful results. I
had drunk about one bottle of beer when Mr Adams, a Senior Manager, came into the
room. He was furious. He said the rest room looked more like a pub than a workplace
and that we should be ashamed of ourselves. He said that we should put away the beer
and go home. He also said that we should expect to hear from him again shortly.

Two days later I received a letter inviting me to a disciplinary hearing on 16 April 2013.
The letter said that I was to attend a hearing about whether I had been drinking at work
and that I could be dismissed. It said I could bring a trade union representative with me
if I wished. I attended the hearing alone as I was too embarrassed to take anyone with
me. I said it was not fair that I should be dismissed as other employee’s regularly drunk
beer on the premises. Nevertheless I was dismissed by the Company. I was given three
months’ pay in lieu of notice. I appealed against the decision to dismiss me and on 1 st
May, 2013 my appeal against my dismissal was rejected.
I feel that I have been treated very badly by my former employer. I have worked hard for
them and I don’t think it is fair that I should have been dismissed like this. I therefore
want to claim compensation for unfair dismissal.

1. What type of contract of employment is Osei Tutu employed on. (2 marks)

2. Identify and explain why his term of employment was terminated. (3 marks)

3. Was notice given to Osei Tutu? (2 marks)

4. What remuneration is Osei Tutu entitled to on termination of his employment?

(5 marks)

5. Bottled Beer Limited says Osei Tutu is not entitled to any remuneration upon his
termination. Do you agree with them? (2 marks)

6. Does the contract comply with the requirements of Section 13 Labour Act 2003?
(2 marks)

7. Does the contract comply with the requirements of Section 33 Labour Act 2003?
(2 marks)

8. Was any disciplinary procedure followed? (2 marks)