By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The Supreme Court of Liberia has ordered the Management of Firestone Liberia to pay US 60,000 to an employee identified as Henry Kolleh for wrongful Dismissal.
According Supreme Court ruling on March 3, 2021, Mr. Henry M.S. Kolleh filed a complaint of wrongful Dismissal to the Ministry of Labor against the Management of Firestone which the Ministry of Labor heard the case with the complainant taking the witness stand and testified.
The Management of Firestone dismissed Mr. Kolleh for signing for PP document and introduced fleet vehicle without the consent of Firestone Management after he bought a vehicle optioned by the company (Firestone).
But Mr. Kolleh denied such claimed and and said after he bought the vehicle from Firestone, he sold it to his brother who in return introduced the vehicle fleet.
After Mr. Kolleh took the witness stand at the Ministry of Labor, it was time for the Management of Firestone Liberia to take the witness stand but they didn’t appear to take the witness stand.
Another notice of assignment was made into the matter where Firestone appear before the hearing officer at the Ministry of Labor and promised that they could bring their evidence but failed to do so for two years.
After nine notice of assignments into the case and the Management of Firestone Liberia could not produce any evidence or witness(es), the complainant Cllr. Tiawon Gongloe filed a motion of default by judgement but prior to the ruling of the hearing officer into the motion of declaratory judgement, Firestone Management appeared with no evidence and promised again to come back which the complainant Cllr Gongloe strongly resisted.
But the hearing officer at the Labor Ministry who wanted to fair, granted Firestone Management the stage to hear their side which they asked for time again and following that the complainant Cllr Gongloe filed another default by judgement upon which the hearing officer ruled and ordered Firestone Management to pay 60 months to complainant.
The matter went against them(Firestone) they took their complain to the Labor Court at the Temple of Justice but the judge at the Temple of Justice affirmed the Labor Ministry ruling into the matter but again Firestone took an appeal to the Supreme Court.
However, their brief filed at the Supreme Court, they admitted that all points raised by complainant was true but resisted to the 60 months payment and said the it is 24 months they can pay by law.
But the Supreme Court disagreed with both the Labor Court and the Ministry of Labor ruling telling Firestone to pay 60 months and described their 60 months ruling as erroneous.
Supreme Court says that it is the law extant in this jurisdiction that when a party has taken has taken the witness stand to testify, if he fails to appear for resumption of trial upon notice of assignment, default by judgement can lie against him.
That the appellant having duly qualified it’s witnesses and subsequently filed to produce evidence in it’s defense after several notices of assignments, the hearing officer didn’t err when he granted a default judgment against the appellant (Firestone) and the appellee (complainant) provided Prima Facie evidence that he was wrongfully dismissed by the appellant at the time he had qualified for pensions.
Wherefore and in view of the Foregoing, the final judgement of the trial court is affirmed with modification. The appellant is ordered to reinstate the appellee or in lieu of reinstatement, pay the appellee the amount of US$60,000.00(sixty thousand United States dollars) which is equivalent to twenty-four months salaries calculated at the rate of the average of the salaries earned by the appellee in the last six months of his employment prior to his dismissal and should the appellant elect not to reinstate the appellee, the appellant shall make appropriate arrangement with the the appellee for his retirement benefits.
Mr. Kolleh was employed with Firestone in 1986 and dismissed in 2013 when he was unceremoniously dismissed.