The management of Ghana Nut Company Limited has refuted allegations leveled against it by shea nut and soya bean farmers and Value Chain that its management continues to perpetuate various illegalities against the poor women and young men in Northern Ghana.
GNL also dismissed claims by shea nut & soya bean farmers and Value Chain that it consistently refused to pay bonuses and commissions due various women and men groups who toiled to ensure that they met their required targets under their network.
The Company in response to a statement issued by shea nut & soya bean farmers and Value Chain which was published by Zaa Radio, described all allegations leveled against it as false and have no merit.
A statement issued and signed by the Chief Operating Officer of Ghana Nut Limited, Kenneth Asare rubbished alleged violations of Human Rights and frustrations of Mrs. Dora Torwiseh, the then Procurement Manager.
Stating facts about the Mrs Dora Torwiseh’s employment, the chief operating officer stated that, Mrs Dora Torwiseh was employed as a Purchase assistant in March 2007.
The position GNL said was not a senior management role and therefore could not be described as a leadership position as stated by the shea nut and soya bean farmers and Value Chain.
GNL said she reported to a Purchase Manager who spearheaded all purchasing operations within the company. Sometime in 2013, the Ghana Nut Company claimed Mrs Dora conducted herself rudely and would no longer abide by the directives and instructions of her superiors as is rightfully demanded of her under an employment contract.
After having had deliberations with her, the HR thought it wise and prudent to transfer her to a sister company of GNL, but she however refused to report to the newly assigned place of work but instead sought to resign her position by a letter dated 19th September, 2013.
Her resignation was duly accepted and all salary due her paid, GNL added. Thereafter Mrs Dora Torwiseh was known by the company to be working with Mr. Prince Obeng Asante of Agribusiness Consult Ltd. as a procurement manager and went about purchasing nuts from the same network of buyers GNL had helped her build and acquire knowledge of.
It came to light, however, that she had made purchases (not for GNL) for which she had failed to make payments at all while continuing to hold herself out to these suppliers as an employee of GNL. It became imminent that a disclaimer had to be issued by GNL dissociating itself from the spurious activities and manner of conduct of business of Ms. Dora Torwiseh.
BELOW IS THE FULL GNL STATEMENT
THE FACTS OF MS. TORWISEH’S EMPLOYMENT, DEALINGS AND CONSEQUENT
RESIGNATION
THE FACTS OF MS. TORWISEH’S EMPLOYMENT, DEALINGS AND CONSEQUENT
RESIGNATION
Dora Torwiseh was employed as a Purchase assistant in March 2007. This position was not a
senior management role and therefore could not be described as a leadership position as stated by
the publication. She reported to a Purchase Manager who spearheads all purchasing operations
within the company.
Sometime in 2013, Dora conducted herself rudely and would no longer abide by the directives
and instructions of her superiors as is rightfully demanded of her under an employment contract.
After having had deliberations with her, the HR thought it wise and prudent to transfer her to a
sister company of GNL, but she however refused to report to the newly assigned place of work
but instead sought to resign her position by a letter dated 19th
was duly accepted and all salary due her paid.
Thereafter Dora was known by the company to be working with Mr. Prince Obeng Asante of
Agribusiness Consult Ltd. as a procurement manager and went about purchasing nuts from the
same network of buyers GNL had helped her build and acquire knowledge of. It came to light
however that she had made purchases (not for GNL) for which she had failed to make payments
all the while continuing to hold herself out to these suppliers as an employee of GNL.
It became imminent that a disclaimer had to be issued by GNL dissociating itself from the
spurious activities and manner of conduct of business of Ms. Dora Torwiseh.
Thereafter the company and its CEO have been constantly subjected to a barrage of false
accusations from the media which finally culminated in this publication by ZAA Radio.
September, 2013. Her resignation
LEGAL INFERENCES DRAWN FROM TORWISEH’S CASE
The employment relationship is regulated by the Labour Act, Labour Regulations and known
custom and practices of Human Resource Management.
The law enacts the common law rights and duties/obligations of both parties to employment
contracts with variations most suitable and peculiar to Ghana’s labour market and circumstances.
If there is a CBA or Conditions of service that shall be regarded as the employment contract
between the employer and each worker of the class specifically shown to be covered by the
CBA.
The rights of an employer in the employment contract include the right to:
a) Employ a worker, discipline, transfer, promote and terminate
b) Formulate policies, execute plans and programmes to set and achieve targets.
The rights of a worker include among others the right to;
a) Receive information and required resources relevant to his assigned work schedule.
b) Work under satisfactory, safe and healthy conditions.
c) Receive equal pay for equal work without distinction of any kind.
The duties of the Employer are as follows:
To provide work and required resources
To train
To keep open channels of communication with the employee
To protect the interest of the workers.
The Worker on the other hand has the duty among others;
To work conscientiously
To obey lawful instructions
Enhance productivity
Protect the interest of the employer
Despite the express duties stated by statute the law also regards certain implied terms into an
employment contract such as:
To exercise care
To co-operate (which implies that there must be mutual trust and confidence)
There is also the implied duty of an employee;
Not to impede the employer’s business
To do her work when it was there to be done.
So that if she, together with another or others take steps wilfully to disrupt the undertaking to
produces chaos so that the business will not run as it should then any party to such act shall be
guilty of a breach of his contract.
The employment contract may be terminated at anytime by either party giving to the other one
month’s notice or one month’s salary in lieu of notice.
Ms. Dora Torwiseh for reasons best known to herself had become unruly, rude and often
overriding her superiors’ instructions and was in clear breach of her employment duties.
Ms. Dora Torwiseh of Nuts for Growth company in Tamale indeed did resign her employment
by a letter dated 19th
case if she was aggrieved by the transfer which probably propelled her to resign her position she
could have had recourse to the NLC to address her grievance and not resort to a media battle
with GNL and in so doing peddling false and untruths to media personnel hungry to make a story
that hits the headlines.
DEFAMATION
There are two main types of defamatory acts;
i. Slander – Where the defamatory matter is communicated through a transient medium
ii. Libel – Where the defamatory matter is communicated through a permanent medium
September, 2013 and was not sacked as stated in the publication. In any
i.e. auditory or spoken.
i.e. visible/written/drawn/photograph.
Any living person may be defamed. Trading corporations like private individuals may also be
defamed, except that in the nature of things corporations have no social reputation, but only
a commercial reputation. In their case therefore a statement must attack the corporation or
company in the method of it conducting its affairs, must accuse it of fraud or mismanagement,
or must attack its financial position.
For instance it is defamatory to assert that a company indulges in black market activities.
The said publication does attack the company’s financial position by falsely claiming that GNL
has not paid its debts owed to persons who supplied it with produce and that some of such
persons have even died without being duly paid. To impute unfitness dishonesty or incompetence
in any office or business carried on by GNL and this amounts to slander and libel.
In such situations a company may recover damages even though it suffers no financial loss.
CRIMINAL OFFENCE OF PUBLISHING FALSE NEWS
It is an offence (Section 208 (1) of the Criminal Offences Act, 1960 Act 29) to publish or
reproduce a statement, rumour or report which is likely to cause fear and alarm to the public and
to disturb public peace.
In this circumstance it is not a defence that the person so charged (ZAA Radio or the publisher)
did not know or did not have reason to believe that the statement, rumour or report was false,
unless it is proved that, prior to the publication, that person took reasonable measures to verify
the accuracy of the statement, rumour or report.
ZAA Radio in its publication attempts to incite tribal sentiments against GNL by stating that it
is owned by an Ashanti, and that GNL “does not believe in the vision to rebuild and develop
Northern Ghana….” They further accuse GNL of adopting discriminatory policies and calls for
“a joining of forces to resist any attempt by GNL to frustrate and destroy the good dreams of
Northern Ghana.”
The publication also claims that GNL is perpetrating certain illegalities against people in the
Northern Region to wit, “We should not sit down and watch these illegalities being meted out
on the good people of Northern Ghana” but fails to specifically give the particulars of the said
illegalities.
Indeed it is clear that the hue and cry of the publishers is to trade false news that’ll incite
negative tribal sentiments against GNL so as to create a likely unrest and disturbance of public
peace if the company’s representatives show up in the Region to purchase produce for its plants.
Further it is an offence or a misdemeanour (Section 74) where a person threatens any other
person with unlawful harm, and with the intent to put that person to fear of unlawful harm.
The radio station in the said publication threatens all Corporate Bodies, Public Institutions
and International Donor Agencies with undesirable consequences if they do not, “desist from
working with GNL with immediate effect”.
INCIDENTS OF THE PUBLICATION
The publication is certainly full of false reporting which the reporters did not bother to verify and
false within the ambit of the stated criminal offences. It is also full of untruths about Ghana Nuts
Company Ltd. and conveys libellous and slanderous statements about GNL and therefore founds
a cause for action in a civil suit. In pursuing this cause, we:
1. Demand a retraction of the said publication and an apology in the same mode in which
the false publication was placed within seven (7) days, failing which a civil suit to claim
damages may be instituted against the publishers.
2. Refrain from publishing any such falsehood against the company in future without given
any audience the company for its side of whatever story.
Thank you.
Signed
Kenneth Asare
Chief Operating Officer
APPENDIX A
PRESS RELEASE
Elders of the communities, Colleagues in the Shea Nuts & Soya Beans Value Chain, Friends
of the Media Ladies and Gentlemen, it is my pleasure to have you today to make some stunning
revelations that Ghana Nuts Ltd in Techiman, Brong Ahafo region, has meted out to the gallant
men and women of the Shea and Soya Industry in Northern Ghana.
Ghana Nuts Limited sources all its major raw materials of shea Nuts and Soya Beans from the
three northern regions however; the Management continues to perpetuate various illegalities
against the poor women and young men in northern Ghana who are lifeblood of their survival.
It is a known fact that the company has consistently refused to pay bonuses and commissions due
various women and men groups who toiled to ensure that they met their required targets under
their net work.
Sadly some of these persons died without receiving their Commissions from Ghana Nuts Limited
in the wake of the management’s failure to give the monies of the dead Agents to their families.
This exploitative conduct of management towards families of demised agents who delivered their
Procurement targets every year until their death is enough ground to suggest that the company is
not interested in the welfare of its partners at the grassroots.
Violation of Human Rights
During 2010 alone, through the noble leadership of Mrs. Dora Torwiseh, the Shea Nuts
Volume for Ghana Nuts Ltd grew from a meager 4,000 tons/year to 43,000 tons. Although
the Management of Ghana Nuts Ltd tried to frustrate the work of Mrs. Dora Torwiseh the then
Procurement Manager with non-payment of the agreed Commissions and Bonuses to the various
women and men in her network, she continued to deliver on all the Procurement targets.
Without any provocation, the CEO, instructed the Human Resource Manager of the company, to
expel Mrs. Dora Torwiseh within 24 hours for reasons yet to be uncovered.
As expected of every good and competent manager, she inducted her successor and took
him round the suppliers and within three northern regions before officially handing over to
management as required.
To add insult to injuries, her personal compensations has still not been paid. Ladies and
gentlemen, we would want you to assist us ask the Management of Ghana Nuts the following
questions:
• Is it because Mrs. Dora Torwiseh is a Northerner that is why Mr. Obed Asante the CEO
of GNL could sack her without giving her any explanation and infringing on the labour
laws with impunity?
• Is it because Mrs. Dora Torwiseh is a woman that is why Management of Ghana Nuts
could dismiss her and refuse to pay her the necessary compensations?
• Is it because Mrs. Dora Torwiseh has developed her competencies skills to become an
iconic personality within the Shea Nuts industry?
.
I believe it is very important for all and sundry to pose for a minute and ponder over these
million dollar questions.
Tribal Hatred
Distinguished Ladies and Gentlemen, the Management of Ghana Nuts Ltd hates the good people
of Northern Ghana. It should go down on records that the Management of Ghana Nuts Ltd has
not only refused to plough back the huge profits they have made at the expense of the poor
people in the Northern Ghana to invest in Northern Ghana, the Management of Ghana Nuts has
tried with strong zeal to ensure that the good people of Northern Ghana remain enslaved to grow
its greedy and gluttonous wealth. Today, the PBC Shea business in Buipe is almost crippled by
the blatant refusal of Ghana Nuts to pay back over $3,000,000.00 for Shea Nuts the company
bought from PBC Shea Nuts about 18 months ago.
Ladies and Gentleman, why Ghana Nuts refused to pay back the tons of US Dollars that have
been outstanding since June 2013? Is it a pre-meditated crime to strangle the young PBC Shea
factory….”kill it before it grows”, so that Ghana Nuts Ltd could continue to cheat and enslave
the good people of Northern Ghana?
Is it a neo-apartheid regime that Ghana Nuts is perpetuating with impunity?
You are all competent journalists and I urge you to investigate this matter and inform the good
people of the country your findings.
Does it mean nothing good about Shea Nuts or Soya Beans should be developed in the three
Northern regions?
Ironically, when Management of Ghana Nuts refused to pay the Shea Nuts and Soya Beans
commissions and bonuses to the women and men of Northern Ghana, the CEO, Mr. Obed
Asante, used the” blood stained money” he squeezed from the sweats of the good people of
Northern Ghana to build Shea Nuts Crushing Plant in Burkina Faso, giving employment and
foreign exchange to the people of Burkina Faso. Why did he build a Shea Crushing Plant in
Burkina Faso when the government of Ghana is promoting non-traditional exports.
It really hurts to realize that the good return on the EDAIF Investment Loan was used to improve
the living standards of the people of Burkina Faso, instead of giving the people of Ghana some of
the crumbs. We want to appeal to the Management of EDAIF to cancel any Loan that has been
approved for Ghana Nuts Ltd or an affiliate company, because the Management of Ghana Nuts
Ltd lacks the true sense of patriotism and loyalty towards mother Ghana.
As if crippling the PBC Shea business is not enough, the Management of Ghana Nuts Ltd
has launched a campaign to derail the efforts and vision of Mrs. Dora Torwiseh in setting up a
Factory Complex for Shea Nuts, Maize and Soya Beans in Tamale. The Factory complex, once
completed, would create over 50,000 jobs in the three Northern Ghana. Today, the Management
of Ghana Nuts is so envious of the people of Northern Ghana to the extent that cheap propaganda
tactics are being employed to frustrate Mrs Dora Torwiseh.
We should not sit down and watch these illegalities being meted out on the good people of
Northern Ghana. Today, we should reincarnate history by resisting all the diabolical activities
of Ghana Nuts Ltd with a total BOYCOTT of all Ghana Nuts related businesses in the three
Northern regions.
Ladies and Gentlemen, we should use our fervent prayers during this Rhamadan season to
protect and strengthen Mrs. Dora Torwiseh and her team to achieve the enviable vision and
objectives for Northern Ghana.
Furthermore, we want to appeal to your noble conscience today, demanding nothing less than
total BOYCOTT of Ghana Nuts related business and social activities in Northern Ghana. It has
become crystal clear that the Management of Ghana Nuts Ltd does not believe in the vision to
rebuild and develop Northern Ghana to ignite the ultimate economic growth for Ghana.
Any person, man or women, corporate institution in the Soya Beans or Shea Nuts Value Chains,
should desist from working with Ghana Nuts Ltd with immediate effect. Today, we, the Youth
of Northern Ghana, CANNOT and WOULD NOT guarantee the security of any person or group
persons, corporate institutions, who would be found to have established any business activity,
whatsoever, with GHANA NUTS Ltd. Every person, or persons, corporate institutions who
believe in the sustainable development of the Shea Nuts and Soya Beans Value Chains should
stop all business relationship with Ghana Nuts.
We are appealing to respectable corporate bodies like USAID –ADVANCE, AAK, Wilma, 3F,
Shebu Industries, PBC Shea and Loders Crooklaan to stop all business activities with Ghana
Nuts Ltd with immediate effect, else the consequences could be undesirable.
In a nutshell, Ladies and Gentlemen, we want to challenge the Management of Ghana Nuts Ltd
to provide the evidence to substantiate the fact that Mrs. Dora Torwiseh has been using the name
of Ghana Nuts Ltd since she was given the 24 hours ultimatum to leave Ghana Nuts Ltd on 31st
July 2013. We, the youth of Northern Ghana, want to appeal to the Management of Ghana Nuts
Ltd to suspend all business activities in Northern Ghana until the truth has been established. The
failure to respect this harmless appeal could lead to terrible consequences to the company…” a
word to the wise is always enough”.
Furthermore, we want to appeal to the following Ministries to take pragmatic steps to investigate
the attempt of the Management of Ghana Nuts to destroy the image and for that matter the
visions and dreams of the good people of Northern Ghana:
• Ministry of Employment and Social Welfare
• Ministry of Trade and Industry
• Ministry of Foods and Agriculture
• Ministry of Gender and Social Protection
It is high time that our brothers and sisters, who have migrated down south to seek greener
economic pastures, return home to contribution to the socio-economic development of Ghana. It
will be impossible for these young men and women (Kayaye) to come back home, if corporate
organizations, like Ghana Nuts Ltd, are left to continue with their apartheid policies in the
country. We should all therefore join hands to resist any attempt by Ghana Nuts to frustrate and
destroy the good dreams of Northern Ghana.
Elders, Colleagues in the Shea & Soya Value Chain, we want to thank you for your time and
support. We pray that Allah, the Merciful and Compassionate God should fulfill our dreams of
building a stronger industrial community in Northern Ghana. Long Live Ghana.
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