The attachments (below) are from a young lady on Facebook—telling me about her problem, backed by what’s supposed to be her Contract of Employment.
She is a nurse and she has been dismissed by her employer without any post-termination compensation or allowance which she thinks she should have been given.
I have several of such contractual issues coming to me on social media—and the truth is, there’s nothing I or anyone can do about such cases. Because, when you sign a contract, you agree to the terms.The sad part is, because of desperation and the lack of jobs in Ghana, our brothers and sisters are somewhat compelled to sign obvious unfair contracts that I wouldn’t even let my “dog” sign. That’s what happens in a shithole.
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I cannot remember the last time I signed an employment contract because I’ve been self-employed for some years now. But I looked at my wife’s contract of employment last month and the benefits and incentives alone depict a true and fair employer-employee relationship.
In Ghana, this hardly exists—and there don’t seem to be enforceable statuary regulations prohibiting unfair contract terms, so employers continue and will continue to screw the ordinary Ghanaians. Our leaders in Ghana have really failed us.
Read the last but 3 clause in D’s contract: it states that she will have to pay 25,000 GHS if she breaches this contract. Under a good contract, the question will be; what does the employer pay when he or she breaches the contract too?
The contract does not have a notice period for dismissal where the absence of fulfilment of such a notice period would entitle an employee to damages, under wrongful dismissal.
In most reasonable contracts, you would expect to see notice period, except when under summary dismissals for gross misconduct.
And the contract expressly states that the nurse’s appointment can be terminated anytime, with just a notice. There’s no mention of any post-termination benefits, so it means, you can be fired by a mere notice and you will get nothing, except pay for work done.
Undoubtedly, this is an unfair contract but then again, what can the ordinary Ghanaian who desperately needs a job do?
I am sorry that this has happened to you D—and thanks for contacting me but legally in Ghana, I don’t think you have any case.
What do you guys think?
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