Former Melcom employee sues company one year after building collapse
A 29-year-old former employee of Melcom Limited, Mr Lawrence Darkwah, who was injured in the Melcom disaster of November 7, 2012, yesterday filed a writ at the Human Rights Division of the High Court asking the court to set aside the agreement executed between him and Melcom Limited.
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He is also seeking a declaration that the compensation of GH¢1,132.80 paid him by Melcom Limited was in breach of the third schedule of the Workman’s Compensation Act, to “the extent that even though plaintiff’s injuries include a spinal injury, no medical board was set up by the minister responsible for Labour to determine the extent of plaintiff’s disability and incapacity and the rate of compensation payable”.
The writ, filed on behalf of the plaintiff by Faibille & Faibille, is, therefore, asking the court to set aside the agreement executed between the plaintiff and Melcom.
The writ, which also has the owner of the building, Nana Nkansah Ayeboafo, as the second defendant, is seeking an order for Melcom to compensate the plaintiff in line with the relevant provisions of the Workman’s Compensation Act with immediate effect.
Among other reliefs, the plaintiff is also seeking a declaration that Melcom Limited breached its constitutional duty to provide plaintiff, as one of its employees, satisfactory and safe working conditions at the Achimota branch of Melcom Ltd.
He is also seeking general damages for negligence which resulted in the collapse of the six-storey building against Melcom, as well as costs against the company.
Mr Darkwah is also seeking a declaration that Nana Ayeboafo breached his statutory duty to insure the six-storey building which he rented to Melcom.
He is also seeking general damages for negligence on the part of the second defendant resulting in the collapse of the building, costs against the second defendant and any other reliefs the court may deem just and equitable.
According to the plaintiff, he was appointed as a sales assistant by Melcom on November 26, 2011 and posted to the Achimota branch of the company.
He said in the morning of November 7, 2012, while the plaintiff and other staff of the company had converged on one of the floors for a prayer session prior to opening to the public, he heard a loud noise and was, thereafter, hit in his lower back by an object, after which he realised that the entire six-storey building had collapsed.
“Plaintiff found himself in the rubble but could not escape, safe for a period when he managed to move in an awkward, painful manner to a relatively safe corner where he remained till he was rescued the next day,” it said.
It said while trapped in the rubble, plaintiff experienced several harrowing scenes of dead persons with various degrees of injury, including cracked skulls, divided torsos, decapitated heads, gushed intestines, among other gory sites.
It said on being rescued, plaintiff was rushed to the 37 Military Hospital where he remained on admission for five days before being discharged and, thereafter to report for treatment as an outpatient.
It is the contention of the plaintiff that as a result of that incident, he could not for a long time have and maintain an erection, while he had been left with an injured spine and an injured lower back, which impairs his walking which, he fears is a life-time condition.
According to the plaintiff, as a result of the injuries, his ability to walk had been compromised, as he got tired easily after every short distance of walking.
“Plaintiff maintains that as a result of being trapped in the rubble of the collapsed building for 24 hours, he has developed various psychological disorders, trauma and all kinds of conditions, which he fears may be with him for life,” it said.
On the second defendant, plaintiff noted that he neglected to apply for and obtain a building permit.