-But the employee claims his right was grossly violated
By Moses M. Tokpah, mmenginfia@gmail.com
MARGIBI, Liberia-The Management of the Salala Rubber Corporation (SRC) has reportedly terminated the services of the former secretary and a member of the work place representative of the Salala Agricultural Workers Union (SAWU) for requesting a sick leave.
The SRC management in a communication sent to Mr. Edwin Diggs dated November 5, 2019, copy of which is in the possession of www.newspublictrust.com, said its decision to terminate his employment services is in consequence of his continual request for extended absence from work for undisclosed reasons in relatively short intervals.
“The Management of Salala Rubber Corporation extends compliments and hereby wishes to inform you of its decision terminate your employment services effective November 5, 2019, in consequence of you continual request for extended absence from work for undisclosed reasons in relatively short intervals,” the document states.
The SRC Management in the communication explains that on February 21st, 2019, Mr. Diggs requested for (2.5) two and a half months of annual leave and sick leave which he claimed “to properly take care of his health condition” and in response the Management sent him on twenty-four (24) days of annual leave and granted an additional thirty-six (36) days from work without pay as requested.
On September 28, 2019, according to the document, Mr. Diggs again requested for (2.5) two and a half months of medical leave to go for treatment beginning October 10, 2019 to December 24, 2019 which was not granted.
SRC Management: “It must be emphasized that health service delivery is a very vital component of the company’s overall operation, and as assigned Registrar, your extended absence disrupted the normal work cycle thereby necessitating the need to reassign tasks.”
According to the SRC Management, in view of the above foregoing and in order to avoid potential disruptive effect on the operation of the company’s health facility occasioned by his frequent absences from work, it was constraint to terminate his employment effective as of the date of the letter thereby offering him a pay package of 24-months salary with additional three month salary paid on an ex gratia basis.
Mr. Diggs was being advised in the letter to turn over all corporate property (ies) he may possess to his immediate Supervisor and obtain a clearance adding that with clearance in hand, he will proceed to the human resource department to receive his end of service compensation, including the days worked in November 2019.
But Mr. Diggs has however, described the action of the SRC’s Management to terminate his services as a gross violation of his right as an employee of the Company and a Workplace Representative.
The affected SRC worker, who said he has refused to accept the company’s offer, also termed the decision as a witch-hunt and it undermines the workers’ Union while it is hazardous to his health claiming that the Management is aware of his medical condition by records.
Mr. Diggs said the SRC Management’s action followed a case he took up with the Company in 2018 when he felt that their right as workers was being violated as it relate to the price of the rice the management normally issues them and was being settled.
According to him, in 2019 he had a medical problem and he decided to write the management for an excuse, but his request was being delayed from the 7th of October to the 5th of November at which time his services were terminated by management.
He disclosed that there are provisions in the Collective Bargaining Agreement (CBA) (Article XXII Section 5) signed on December 1st, 2017 and the Decent Work Act of 2015 Section 19.3 which talks about exercises an entitlement to paid medical sick leave were allegedly violated by the SRC Management.
Article XXII Section 5 of the CBA states that “sick employees (non-occupational illness/injury) who is in certified to be sick by the Corporation Medical Center shall be issued up to a maximum of 5-months one hundred pounds (100lbs) bag of rice free of charge during a calendar year and it is to be issued on the regular rice issue day to the sick employee’s wife/husband or any other designated dependent of his/her.
It also says that if he/she is unfit to resume normal duty after five months, he/she will be referred to NASSCORP for medical evaluation, and paid at one month salary for each year of service if he/she is found unfit to resume normal duty while referral to NASSCORP’s Medical Board, resumption of duty, or termination will be concluded with the time frame stipulated herein” provisions which Mr. Diggs said were violated.
Mr. Diggs further revealed that Article XXX of the CBA provides protection for Workplace Representative and the Workers Union’s Executive at large that except total closure of the Company before the above mentioned officials can be layoff.
He claims that predicated upon the management’s decision, he wrote the Workers Union and the management response was that the decision was final.
Diggs narrated that the Union onward informed the national Union (GAAWUL) at which time an said initial investigation was done but he was not satisfy on grounds that it was not a full investigation done to have established the fact leaving him with no other alternative but to forward his complain to the Ministry of Labor and the National Legislature through the District Lawmaker Clarence G. Gahr.
Additionally, the SRC affected employee said since then there have been conferences called by the ministry of Labor but he feels that the conferences are not proceeding well.
He disclosed that in recent time a conference was called by the Ministry of Labor, but the Company’s legal team failed to show up.
Mr. Diggs meanwhile expressed the need for justice to prevail adding that the CBA should not just be like a document intended to beautify the company’s workers but it should be implemented as well as the Decent Work Act.
But when contacted via mobile phone, the Human Resource Manager of SRC; Mr. Jallah G. Mensah said the matter is in Court and as such he could not comment.