IPNEWS: In a landmark ruling, the National Labor Court has sided with the National Port Authority (NPA), overturning a decision by the Ministry of Labor that had earlier held the entity liable for the alleged wrongful dismissal of its former Financial Comptroller, Mr. Gabriel Bull.
The Ministry of Labor had previously ruled that Mr. Bull’s dismissal violated fair labor standards and ordered compensation in his favor. However, the NPA, represented by its Managing Director Hon. Sekou H. Dukuly, petitioned the court for a judicial review, arguing that the dismissal was both lawful and justified, citing evidence of serious financial misconduct uncovered through internal audits.
Court Upholds Employer’s Right Under Decent Work Act
Presiding Judge Kollie examined two key issues:
1. Whether an employer has the legal right to summarily dismiss an employee for grave misconduct without conducting an internal investigation, and
2. Whether the Ministry of Labor’s award of compensation to Mr. Bull was supported by sufficient evidence.
In her ruling, Judge Kollie cited Sections 14.3 and 14.4 of Liberia’s Decent Work Act, which grant employers the right to terminate employees immediately for grave misconduct once such misconduct has been established.
“The Decent Work Act provides that an employer may summarily dismiss an employee for proven misconduct that fundamentally breaches the employment relationship,” the court’s opinion noted.
The court determined that the NPA acted within the bounds of the law, emphasizing that the Ministry of Labor’s earlier ruling lacked adequate evidentiary support. Accordingly, the Labor Court set aside the Ministry’s decision and ruled in favor of the NPA.
The dispute originated after Mr. Bull challenged his dismissal, accusing the NPA of unfair labor practices and procedural irregularities. Following the Ministry’s initial ruling in his favor, the NPA filed for judicial review, asserting that due process had been followed and that the dismissal was based on verified audit findings.
The National Labor Court’s decision now upholds the employer’s right to enforce disciplinary measures under the Decent Work Act, reinforcing the principle that allegations of misconduct, when substantiated, may warrant immediate termination.
As of press time, it was not clear whether Mr. Bull intends to appeal the decision to the Supreme Court of Liberia.
