Monrovia – Arcelor Mittal Steel, one of the concessionaires in Liberia has been found liable for unfair labour practice, wrongful dismal and ordered to pay over US$34, 000 and also reinstate a dismissed employee.
Following hearing by the Ministry of Labour in a complaint filed by Mr. David B. Jankpolo on March 5, 2018, Nathaniel S. Dickerson, Hearing Officer at the Ministry ruled that the management of Arcelor Mittal wrongfully dismissed Mr. Jankpolo and should therefore pay him his twenty-four months salary.
In a final ruling dated August 9, 2019, Hearing Officer Dickerson stated “Wherefore and in view of the foregoing facts and circumstances, the Management of Arcelor Mittal is liable of the action of Unfair Labour Practices/Wrongful Dismissal and is to reinstate Mr. David B. Jankpolo and pay all his salary and benefits as though his services were never terminated from the date, February 6, 2018 to the day of his Ruling or in lieu of reinstatement, he must be paid twenty-four (24) months for Wrongful Dismissal in the amount of thirty-five thousand, two hundred and eighty United States dollars (US$35,280) (24 months X US$1,470”.
According to the history of the case, Mr. Jankpolo was employed on March 1, 2008 where he has been serving for nine years but his services were determined on February 5, 2018 when he was not present or ever involved in car accident for which his services was terminated wrongfully.
During the hearing, it was noted that Emmanuel T.K. Davies an employee of Arcelor Mittal under the supervision of Jankpolo refused and challenged his instruction not to assign the company’s vehicle to any none employee of Arcelor Mittal.
Due to the defiant action of employee Davies, Davies assigned the vehicle to a non-employee and the vehicle was involved into accident during the night hours but Davies provided misleading information to Arcelor Management about the accident.
Despite a clear and concise report written and submitted by the Safety Department, which did not connect him or incriminate Mr. Jankpolo direct involvement into the accident, the management of Arcelor Mittal terminated his services.
During the Hearing, in defense of Arcelor Mittal management, Mr. Marcus Z. Nyanway who served as Human Resources Manager during the period Mr. Jankpolo was dismissed said as the person who was responsible to coordinate all proceedings relating to disciplinary action, the decision to dismiss Mr. Jankpolo was in keeping with the company Employees’ Handbook.
Mr. Nyanway narrated that one of the reasons Mr. Jankpolo services were terminated was due to his failure to ensure proper supervision as a Senior Security Supervisor when the accident occurred but he (Nyanway) failed to explain how.
A witness in the case Wilmont Stryker, an employee of SEGAL Security Agency assigned at Arcelor Mittal told the investigation amongst other things that it was some part of 2017 when he was on first shift and had just reported to work when he got a VHF radio call at about 0523 hrs concerning an emergency and Mr. Jankpolo responded to the incident scene and asked officers who were assigned at the hospital compound along with Mr. Emmanuel Davies about what really happened on their assignment before the circumstances surrounding the incident were narrated.
Following the incident, Arcelor Mittal Safety Department investigated and found that Arcelor Mittal Security Monitor Emmanuel T.K. Davies failed to follow instructions and that he Davis was responsible for the incident.
The investigation also found that the SEGAL Security officers on shift during the incident admitted that they were convinced by Monitor Emmanuel Davies to provide misleading information to Supervisor Jankpolo as well as to Arcelor Mittal and they accepted and did.
Employee Davis accepted the findings of the investigation that he was responsible for the accident.
After the investigation by the Safety Department, the Disciplinary Board at Arcelor Mittal also investigated and found that Emmanuel T. K. Davies was responsible for the incident and that he Davies also provided misleading information.
Despite the investigation report from Arcelor Safety Department and the Disciplinary Board, Arcelor Mittal still dismissed Mr. Jankpolo which prompted the complaint to the Ministry of Labour.
The Ministry of Labour is the agency of government responsible to look into labour related matters. It is charged as per law to serve as Administrative agency, responsible to exercise quasi legal authority over labour matters.