Auditor General, Daniel Yaw Domelevo, has proceeded on leave in response to President Nana Akufo-Addo’s directive.
He was recently directed by the President to take his accumulated leave of 123 days.
President Akufo-Addo had issued the directive in a statement signed by the Director of Communications at the Presidency, Eugene Arhin.
The Presidency statement had indicated that per the records available, the leave will take effect on Wednesday, July 1, 2020.
Since his appointment on December 30, 2016, Mr Domeleve has taken only nine days of his annual 132 leave days.
The president’s decision is based on sections 20(1) and 31 of the Labour Act, 2003(Act 651), the statement from Jubilee House had noted.
Mr Demelevo has since packed out of his office and handed over as directed.
The Auditor General, on Friday, July 3, 2020 issued a statement, announcing that he was going on leave as directed.
In his statement addressed to the Secretary to the President, Jubilee House, Mr. Domelevo made reference to the June 29, 2020 letter from the Presidency which ordered him to go on leave and raised other issues indicating he was not going to take the ‘proceed on leave’ order without a fight.
“I write to notify you that, I started my leave for the year 2020 on 1st July 2020 out of deference to the office of His Excellency, the President of the Republic of Ghana and also out of the deep-seated respect I have for the office,” Mr. Domelevo wrote.
“I think it necessary, however, to bring the attention of the high office of the President a few matters relevant to our constitutional governance, due processes and the rule of law,” he said.
“Your letter to which I referred, justified the directive that I take my “accumulated annual leave of 123 working days” because records available to the office indicate that I have “accumulated annual leave of 123 working days.”
“My knowledge of recent labour law and practice in the country is that no worker is deemed to have accumulated any leave on account of their failed, omitted, neglected or even refused to enjoy their right to annual leave, which the law guarantees for their benefit, not the employer,” he said.
He argued that to the best of his knowledge therefore, where in any given year a worker fails, omits, neglects or even refuses to take their annual leave, such leave is deemed forfeited with no corresponding obligation on the part of the employer to enforce the worker’s right to take their leave by assuming, deeming or declaring the forfeited leave, accumulated.
He added that by law, every person is entitled, save in very limited circumstances to waive what the law has ordained for their benefit, in this case, a worker’s leave.
In this case Mr Domelevo who appears to be rolling up his sleeves for a battle is asking the President to reconsider his directive asking him to take his accumulated leave in the interest of what he describes as “sanctity of the labour law, the constitution and the independence of the Auditor General