The National Labor Court sitting in Montserrado County has overturned a ruling by a Ministry of Labor Hearing Officer that had ordered the National Port Authority (NPA) to pay its former Financial Comptroller, Mr. Gabriel Bull, more than US$280,945 in compensation for alleged wrongful dismissal.
In a detailed judgment delivered by His Honor Joseph M. Kollie, Resident Judge of the National Labor Court, the Court held that the Hearing Officer erred in law and in fact, ruling that the NPA’s decision to dismiss Mr. Bull was justified under Section 14.3 of the Decent Work Act of Liberia, which permits immediate termination in cases of grave misconduct.
“Having established the distinction between Sections 14.3 and 14.4 of the Decent Work Act,” Judge Kollie stated, “this Court says that it is clear that the Legislature did not intend to set a condition precedent for dismissal under Section 14.3. Therefore, the National Port Authority was within its right to terminate the employment of the Respondent once grave misconduct was proven.”
The case stemmed from allegations that Mr. Bull, while serving as the NPA’s Financial Comptroller, authorized several unauthorized payments, including:
US$59,000 to the Congress for Democratic Change (CDC),
US$350,000 to Norfolk Marine without Board approval, and
US$50,000 to Bashir Business Center for goods that were never delivered
According to testimony from NPA’s internal auditors and senior financial officers, these payments violated procurement standards, financial regulations, and were made without proper source documentation.
The Court noted that Mr. Bull failed to rebut the allegations or produce witnesses despite having given notice of intent to do so.
“The testimonies constitute sufficient evidence of grave misconduct,” Judge Kollie ruled, citing Section 14.3(d)(v) of the Decent Work Act, which addresses acts where an employee carelessly or intentionally destroys or allows the employer’s property to be destroyed, leading to significant losses.
The Court also criticized the Ministry of Labor’s earlier decision that awarded Mr. Bull more than US$280,945.40 in salary arrears, gasoline, scratch cards, and rice allowances.
“This Court is bewildered by the award without evidentiary proof,” Judge Kollie wrote. “No matter how persuasive a witness’s testimony may be, it is not evidence for the purpose of proving his case. Allegations are not facts.”
Citing Forestry Development Authority v. Moses Walters (34 LLR 777, 1988), the Judge reaffirmed that “it is evidence alone which enables courts to pronounce with certainty the matter in dispute.”
The Court sustained the NPA’s petition and set aside the Hearing Officer’s ruling in its entirety.
“For the reasons stated in this judgment, this Court concludes that the Hearing Officer erred and his ruling is not supported by the evidence produced.
Therefore, the Petitioner’s Petition is sustained against the Respondent’s Returns. Petitioner is not liable for payment of compensation to the Respondent,” the ruling declared.
The decision brings closure to a long-running dispute between the NPA and its former comptroller, reinforcing the Court’s position that proof of grave misconduct is sufficient to justify summary dismissal under the Decent Work Act.
