‘Labour law is being followed to the letter’

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-Presidency assures Domelevo; accumulated annual leave now 167

The Office of the President has assured the Auditor-General, Daniel Yaw Domelevo, that the directive for him to take his accumulated annual leave was issued with due regards to the labour laws of the country, contrary to the latter’s interpretation of the law, in his response to the Presidency.

According to the Presidency, the decisions taken have been grounded on a sound legal principles, the rule of law and good governance principles.

In a statement issued and signed by the Secretary to the President, Nana Bedituo Asante, the Presidency clarified that the exemptions offered by the laws of the country, on the issue of leave, does not include the office of the Auditor-General.

“The office of the Auditor-General is not part of the categories of workers excluded from the scope of application of the Labour Act, namely the Armed Forces, the Police Service, the Prison Service and the Security and Intelligence Agencies, specified under the Security and Intelligence Agencies Act, 1996 (Act 526). The provisions of the Labour Act, therefore, apply to the Auditor-General, subject to the Constitution and Audit Service Act.”

To this end, the Secretary to the President explained that “both the Constitution and Audit Service Act guarantees the Auditor-General the right to take his annual leave as stipulated in his terms of appointment without it being varied to his disadvantaged.”

This follows a response issued by the Auditor-General, Mr. Domelevo, on the recent ‘proceed on leave orders that came from the President, Nana Addo Dankwa Akufo-Addo.

In his response to the President, the Auditor-General catalogued a number of issues which he concluded to have serious constitutional implications which also affects the work and independence of the office of the Auditor-General.

For instance, he reckoned among others that “previous correspondence from the chairman of the Audit Service Board, who works at the Office of the Senior Minister, together with public pronouncements by Minister make it clear that the Auditor-General’s work is embarrassing the government.”

He, however, called on the President to “protect the sanctity of the labour law, the constitution and the independence of the Auditor-General,” by reconsidering the decision for him to proceed on leave which he argued should not be enforced once ‘forfeited, neglected, omitted or even refused.”

It is against this backdrop that the Presidency has clarified issues regarding the decision for the Auditor-General to take his accumulated annual leave.

In a twist of events, the originally 123 days accumulated annual leave has now changed to 167 days following the communication by Auditor-General to the Presidency on the period for which he ought to take his accumulated annual leave.

The statement said Mr. Domelevo’s accumulated annual leave of 123 working days, which he was directed to take with effect from Wednesday, July 1, 2020, was in respect of the period 2017 to 2019 but did not include 2020. “If, however, you have decided to include your annual leave for the year 2020, then it is expected that you will resume work after a well-deserved leave of 167 working days, with effect from 1st July 2020.”

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