China Union refuses to honor Labor Ministry’s ruling

In Wrongful dismissal and unfair labor case

By Kai Toteh | February 25, 2014

Nyumah Saah
Mr. Nyumah Saah poses as he appeals for justice to receive from China Union what rightfully belongs to him

The Ministry of Labor’s ruling for the reinstatement or settlement of $US3, 450 to Mr. Nyumah Saah has been ignored by authorities at China Union. Mr. Saah, who walked into INSIGHT offices yesterday to share a copy of the ruling, said he decided to come public because his right has been trampled, and Labor Ministry is not doing anything to enforce its ruling.

Mr. Saah said he was dismissed without a dismissal letter from the Management of China Union. China Union’s Management told Labor inspectors that Saah was not dismissed, instead he was no more a chief driver, and for that reason, his chief driver’s identification card was taken away to be replaced by an ordinary, ID because he became an ordinary driver.

The management told Labor Inspectors that Saah returned to work the next day for his new ID but was denied entry by security guards, because he had no identity and could not be allowed access to enter the premises.
The Management told Labor Saah was absent from work for 16 days without excuse. Saah received a dismissal letter on July 22, 2013. Saah worked for China Union for seven years as a chief driver, and was, according to him, founding member of China Union.

After several attempts to enter the premises, according to Ministry of Labor’s investigation, Saah decided to file a complaint with Labor Ministry against China Union for unfair Labor practice and wrongful dismissal.

According to Saah, China Union’s CEO, Mr. Ken Shen told him the Ministry of Labor is weak, and for that reason, China Union is taking advantage of Mr., Saah. Mr. Shen said what China Union is doing to Mr. Saah cannot happen in China.

Saah told INSIGHT that China Union is planning to appeal Labor Ministry’s ruling at the National Labor Court, but said he does not have the ability to fight China Union at the National Labor Court, because he is a poor man.

Following several inquiries into the case by Labor, it was ruled that: “Wherefore and in view of the forgoing, the management of China Union Investment is liable of the action of ILLEGAL DISMISSAL and hereby orders {Sic order} to reinstate Mr. Nyumah Saah and pay him the months of August to October, 2013 and other benefits he receives in addition to his monthly salary as if he was never dismissed or in lieu of reinstatement, he paid the amount of US$3, 450 representing US$450 as a pay for the months of August to October 2013, US$ , 450 as total pay for the months under section 9(a) (i)(ii) pages 197 of the Labor Law captioned ‘Wrongful dismissal’.”