ACS/BPS (GH) LTD
EX-EMPLOYEES OF ACS/BPS (GH) LIMITED
ACS/BPS Ghana Ltd is a registered Company in Ghana and has been in operation for the past 7 years. The Company has a global dimension with about 60,000 employees worldwide operating out of over 100 countries. The Company currently employs about 1,600 workers in Ghana and is the major data outsourcing and processing company in the Country.
2.0 BACKGROUND OF DISPUTE
On March 23, 2007, the Management of ACS/BPS Ghana Ltd declared 12 of its technical Team Leaders redundant on basis of increased competition on the market, reduction in customer/client job orders and hence a resultant overstaffing in the Company.
The affected workers formed a five-man negotiation team to negotiate an appropriate redundancy package for their members. After 2 meetings at the negotiating table, the parties were unable to reach a settlement. The case was subsequently referred to the National Labour Commission for assistance.
3.0 SELECTION OF A MEDIATOR
The parties were given the opportunity to select a Mediator under regulation 9 of the National Labour Commission Regulations, 2006 (LI 1822). However the parties were unable to select a common Mediator.
The National Labour Commission, in exercising their mandate under regulation 10 of LI 1822, appointed Mr. Senyo M. Adjabeng as Sole Mediator for the parties.
4.0 MEETINGS AND VENUES
In all, three meetings comprising a pre-mediation meeting and two mediation sessions were held. The pre-mediation meeting was held at the premises of the National Labour Commission. The mediation sessions were held at the offices of ACS/BPS Ghana Ltd.
Ground rules, secretarial, communications and all other arrangements were discussed and agreed at the pre-mediation meeting held on Monday, June 4, 2007. The Management of ACS/BPS Ghana Ltd was represented by a five member team headed by the Managing Director, Mr. Daniel Asare. The others are:
i. Vida Botwe (Mrs.) - Human Resource Directress,
ii. Mr. Bossman Agyarko - Advisor to Management,
iii. Yeboah Sraha, and
iv. Elike Banibenso.
The Ex-Employees were represented by:
i. Jonathan Djieagu Lead Negotiator
ii. Michael Quarshie
iii. Edson Nkansah
iv. Samuel Sogah, and
v. Joseph Ofori-Attah
5.0 THE ISSUE(S)
Parties agreed to the following as the issues in dispute.
- An appropriate Redundancy Package for the ex-employees of ACS/BPS Ghana Ltd, and
- A solution to the issue of Loans owed to Barclays Bank by some of the redundant Employees
6.0 PROCESS TOOLS
A total of two mediation sessions and a pre-mediation meeting were held within seven working days. Combinations of joint and separate sessions or meetings (Caucuses) as well as other communication tools were used. Parties adhered to ground rules as agreed from the outset of the mediation process. Applicable ground rules are attached as Appendix A.
The Mediation process took a total of 7 working days comprising a pre-mediation meeting and two mediation sessions.
The mediation ended in an amicable settlement agreement, attached to this report as Appendix B. The Agreement was drafted on Tuesday, June 12, 2007, signed on Thursday, June 14, 2007 by both parties and witnessed by the Mediator.
The process was a successful one. Parties were satisfied and expressed their appreciation to the Commission and the Mediator for the opportunity to have their dispute resolved through Mediation under the Jurisdiction of the National Labour Commission.
THE NATIONAL LABOUR COMMISSION
IN THE MATTER OF
EX-EMPLOYEES OF ACS/BPS LTD
MEDIATION GROUND RULES
- Parties to this Mediation recognize that this is an opportunity for them to conclusively settle their case before the Commission and hence will make every effort to have the case resolved at this level.
- Parties shall make available to the other, information relevant to the conclusive settlement of the dispute. This information shall not be fraudulent, false or a misrepresentation of the truth
- Due to the extremely confidential nature of mediation, no party shall divulge information received during the mediation process to a third party outside of the process, unless with the express permission of the other party or the mediator
- Parties agree to be civil in their conduct during mediation sessions. There shall be no name calling or any offensive language during mediation sessions
- No party shall communicate to a third party, any information regarding the ongoing mediation process. There shall be strictly no communication with the press unless with the express consent of the other party and the Mediator.
We have read and understood the ground rules above and hereby affirm that we will abide by them.
THE NATIONAL LABOUR COMMISSION
IN THE MATTER OF
MANAGEMENT OF ACS.BPS GHANA LTD
EX-EMPLOYEES OF ACS/BPS GHANA LTD
Mediation Terms of Agreement
After concluding elaborate deliberations on the issue of Redundancy Package and other related matters through the Mediation Process, Parties agree to resolve their dispute on the following terms:
1. That the Management of ACS/BPS Ghana Ltd shall pay to the Ex-Employees a redundancy package as follows:
7 Weeks basic salary by number of years of service
to be calculated as follows:
7 Weeks salary X No. of Years Served
2. A meeting shall be organized with Officials of the Barclays Bank of Ghana within two weeks from the date of this agreement, to consider options of rescheduling Loans owed to the Bank by some Ex-Employees.
DANIEL ASARE JONATHAN DJIEAGU
(For Management of ACS/BPS Gh. Ltd) (For: Ex-Employees of ACS/BPS Gh. Ltd)
SENYO M. ADJABENG
Dated This Day:
June 12, 2007
Senyo M. Adjabeng