Melcom disaster victims plan court action

Some victims of last year’s Achimota Melcom disaster have decided to sue for compensation.

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They have, consequently, instructed their lawyer to issue a writ against the Melcom Group of Companies, the Accra Metropolitan Assembly (AMA) and the owner of the building which collapsed, Nana Boadu Nkansah Ayeboafo.

Lawyer Egbert Faibile Jnr, who is leading the class action by the victims, explained to the Daily Graphic that under the country’s labour laws and under Article 24 (1) of the 1992 Constitution, every person had the right to work under “satisfactory, safe and healthy conditions...”.

He said it was on that basis that the Melcom Group of Companies was being sued for employee liability for failing to provide a safe working environment for its workers.

He said the company was also liable to occupier liability, as it was to ensure that the building was safe.

According to Mr Faibile, Melcom should also have insured the building to ensure that the workers were adequately protected and catered for.

He explained that if the company had insured the building, the victims would have received more than the GH¢1,000 flat rate paid to them by way of compensation.

On the relief against the owner, Mr Faibile said Nana Ayeboafo had acted negligently by not seeking a building permit and also not insuring the building.

He said the AMA, as the regulator, should have taken steps to ensure that the building met all the requirements of a safe structure, including a building permit.

He said since the AMA failed to pull down the structure when it knew that it was not safe, it was liable to the deaths and injuries.

Responding, Mr Gordon Avenorgbo, the Communications Director of the Melcom Group, said the company had discharged its responsibilities towards the victims, particularly those who worked with Melcom.

He said the payment of compensation could be done based on an agreement between a company and its employees and depending on the degree of injury sustained by the victims.

He said all those victims who had outstanding issues could engage the management of the company to resolve them.

On the suit, Mr Avenorgbo said the court could be the final avenue to resolve any issues relating to the payment of any compensation but indicated that there was always an opportunity for engagement.

 

Daily Graphic/Ghana

A version of this article appears in print on November 8, 2013, on page 16of the Daily Graphic edition with the headline: Melcom disaster victims plan court action


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