Accumulated Leave Directive is ‘Unconstitutional’ – Domelevo Replies Akufo-Addo

The Auditor-General, Mr Daniel Yaw Domelevo, has implored President Akufo-Addo Danquah to reconsider the directive, ordering him to proceed on his accumulated leave.

He said the 'command' may have "serious implications for the constitutional independence of the office of the Auditor-General."

President Akufo-Addo in a statement dated Monday, June 29, directed Mr Domelevo to take his accumulated annual leave of 123 days from Wednesday, July 1

Domelovo was asked to and hand over all matters relating to his office to Mr Johnson Akuamoah Asiedu, the Deputy Auditor-General, to act as Auditor-General until his return.

The statement explained that the President's decision was based on sections 20 (1) and 31 of the Labour Act, 2003 (Act 651) which apply to all workers, including public office holders such as the Auditor-General.

But in response, in a three-page letter dated July 3, 2020, Mr Domelevo said the president directive is unconstitutional, because “to the best of [his] knowledge..., 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”

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He said the move by the Presidency is not in the best interest of the office of the Auditor-General and for that matter the country.

"The direction therefore that I proceed on leave, oblivious of the other workers similarly circumstanced, gives the impression that the decision is not taken in good faith," the statement said.

Read Full statement below