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Business News of Tuesday, 25 June 2013

Source: Senior Staff and Unionised Workers of Taysec

Re: Taysec dismisses financial controller

The senior staff and union workers of Taysec construction limited, Taysec homes limited, Taysec facilities management limited, have in the last few months, witnessed the power struggle for the control of the renowned construction company by the two British shareholders, (namely Messrs Geoffrey Michael Fisher and Liam Francis Mcveigh – managing and operations directors respectively) on the one part and Mr. Asuama Yeboa Abebrese the Ghanaian shareholder and financial director of the other part.

Although we acknowledge that we are not shareholders of the above companies it goes without saying that it is our dedication, sweat and hard work that built this company and made it one of the most reputable firms in the country.

The current impasse has now degenerated into mudslinging, untrue allegations and use of security personnel to create a hostile environment in the full glare of members of staff.

We have been privy to and handed various copies of documents and court orders such as two sets of exparte interim injunctions.

Our attention has today been drawn to a publication in the daily graphic of Saturday, 15th June 2013 entitled; public notice – Taysec construction explains termination of the appointment of financial controller of the company” announcing the removal of Mr. Asuama Yeboa Abebrese as financial director and making allegations of abuse of office at the expense of the business and dishonesty.

In as much as we acknowledged earlier that we are not shareholders of the companies, the running and management of the companies directly impacts our job securities and livelihoods. We therefore feel obliged to state the facts of this matter as witnessed by us.

WE SET OUT BELOW THE CHRONOLOGY OF EVENTS:

On 4th September 2012 the three shareholders, Messrs Fisher, McVeigh and Abebrese signed a board resolution commencing separation proceedings and relinquishing the issued shares of Messrs Fisher and McVeigh to Abebrese. The resolution went on to request the appointment of an independent valuer to value the companies.

International accounting firm KPMG was appointed to value the company shares and they subsequently submitted a valuation report.

at another shareholders’ meeting on Thursday, 30th may 2013, all three shareholders agreed to adopt the median value stipulated in the valuation report in the presence of their lawyers at the offices of Fugar and Co. who acted as mediators in this matter. It was agreed that Mr. Abebrese should formally make an offer for the shares of Messrs Fisher and McVeigh.

On 31st may 2013, Mr. Abebrese in fulfilment of item 3 above communicated his offer to buy out Messrs fisher and McVeigh in consonance with the 4th September 2012 shareholders resolution. Mr Abebrese also acquired the shares of Messrs Fisher and McVeigh in all the companies as per the terms of the offer.

It is our understanding that by virtue of the acquisition, Mr. Abebrese becomes 100 per cent shareholder of Taysec homes and Taysec facilities management and 95 per cent shareholder in Taysec construction limited.

All the above dealings and meetings between the shareholders was mediated by Fugar and Co. Legal practitioners who are also solicitors for the companies. Messrs Fisher and McVeigh on receiving the offer letter and acquisition of share notice on 31st may 2013 wrote out a notice purporting to dismiss Mr. Abebrese as an employee of Taysec and caused this notice to be placed on the front door of the head office on the night of 3rd June 2013.

On the morning of 4th June 2013 we all went to the office to find to our utter shock and amazement the notice of the dismissal, signed only by Mr. Liam McVeigh.

News of this development quickly spread through the company and the construction workers and other members of staff besieged the head office demonstrating against the action taken by Messrs Fisher and McVeigh. Messrs Fisher and McVeigh announced that the office should be closed. Taysec security was asked to prevent staff from entering the office. The office was again closed on Wednesday 5th June 2013 when the workers besieged the head office premises.

On the 4th and 5th of June 2013, personnel from the cid, BNI , police and British high commission security personnel as well as a uniformed British marine came into our offices. When we asked why we were told because Liam McVeigh uses the office premises as an Irish consulate, he reported that there was a terrorist attack at the consulate.

We reported to work on Thursday 6th may 2013 to meet an intimidating environment of armed security personnel who had been deployed at the head office.

Mr. Fisher addressed the members of staff at the head office to repeat that Mr. Abebrese is dismissed from the office without any explanation. Then on Friday, 7th June 2013 head office staffs were ordered by the managing director, Mr. Fisher to close at midday.

When we reported for work on the morning of Monday 10th June 2013 we noticed that Mr. Abebrese’ office had been broken into, ransacked, vandalised, items removed with one of the security drawers taken away, files scattered on his table. The door lock changed.

On 10th June 2013 Mr. Abebrese secured a court order that his purported dismissal on the 3rd June 2013 as an employee is void and of no effect, other reliefs of the court order includes (refer to interim restraining order – suit no. Rpc 196/13).

On 10th June 2013 Mr. Abebrese came to the office at about 4pm in the company of landlord’s representative, one Taysec security staff and an artisan who changed the door lock in the full glare of the head office staff present (please note this is an open plan office). Whilst the new door lock was being fixed, counsel for Messrs Fisher and McVeigh, Mr. Charles Zwennes turned up and took some pictures with an Ipad of the work being done. In the process Mr. Charles Zwennes started using abusive and unsavoury words on Mr. Abebrese. Although the locks had been changed we noticed that Mr. Abebrese did not enter his office.

On 14th June 2013 at around 2.00pm, Mr. Abebrese came to the office in the company of two policemen to take an inventory of his vandalised office. This was the first time we saw him enter his office. Whilst the inventory was being done, Mr. Charles Zwennes came into the office, confronting Mr. Abebrese, took pictures of Mr. Abebrese in his office. Then, within ten minutes of this incidental bailiff came to the office to serve Mr. Abebrese with another ex parte order to set aside his order of interim injunction. Mr Abebrese then left the office without completing his inventory exercise.

About ten minutes after Mr. Abebrese’s departure, Mr. Fisher announced to head office staff present again that the office is closed till Monday and that Mr. Abebrese is still dismissed.

On 15th June 2013 there was a public notice in the daily graphic newspaper informing the general public of the removal of Mr. Abebrese as financial director, issued by the management of Taysec.

We have sight of a copy of the recent court order obtained by Messrs Fisher and McVeigh. We note that it was granted by the commercial court on the basis of an affidavit sworn by Liam McVeigh making allegations of mischief and irreparable damage being caused by Mr. Abebrese which we know to be untrue as we have indicated in the preceding paragraphs.

CONCLUSION:

The members of staff of Taysec say that the above facts speak volumes of the current state of affairs at the company. Some of these staff have served for over 33 years. We are also aware of the effect that the current legal suits will have on the operations of the company and ultimately on our livelihoods. We are at a loss to understand why Messrs fisher and McVeigh on agreeing to relinquish their shares have now suddenly resorted to the use of misconduct against Mr. Abebrese.

It is our right (as per act 651, part iii 9& 10 of the labour act 2003) to work in a safe and stable environment. It is our view that the current state of affairs does not provide this environment. We are therefore embacking on a sit-down strike to press home the need for serenity in the company and expeditious resolution of the standoff.

WE DEMAND FORTHWITH THE FOLLOWING:

That Mr. Liam McVeigh removes the Irish consulate from Taysec head office as we have all been witnesses to the fact that he has abused this diplomatic status as detailed in point no.12 above making allegations of terrorist attacks compelling the BNI, cid and British marine security to attend our offices creating an unsafe and intimidating work environment. This unnecessary untrue heightened security breach has resulted in rapid deployment of security personnel into our work environment on two occasions.

We are calling upon the shareholders to respect and abide by the 4th September 2012 resolution which we believe will result in a speedy resolution of this matter to enable the company to move forward.

Click here for documents on the acquisition of Taysec shares

Click here for shareholders written resolution on Taysec Facilities Management Limited

Click here for shareholders written resolution on Taysec Construction Limited

THANK YOU.

Issued By Senior Staff and Unionised Workers of Taysec