Monrovia – The Hearing Officer at the Ministry of Labor has held liable the Bureau of Veritas for unfair labor practice against one of its former import officer.
The decision of the Ministry followed a complaint filed by David Nyanawlay in 2014 who said that he worked with the company for seventeen years and was dismissed on annual leave in March 2014 without any pay or benefit from the company.
He revealed that he worked as import officer but was dismissed as import manger position according to him is far from what he previously held.
BIVAC claimed that Mr. Nyanawlay dismissal was due to an alleged bridge of duty as import manager which violated the administrative notice regulations of the Ministry of Commerce in 2012 and 2013 respectively when he was accepted into the system seven CRF files which contained products that belong to the form of IPD instead of CRF.
In his testimony, BIVAC Deputy Managing Director Henry Bernard testified that the action of Mr. Nyanawlay, to sign CRF containing products that belong to IPD is illegal and that the Government of Liberia has fined BIVAC five thousand United States dollars for each violation.
“Even though the action of Mr. Nyanawlay was considered illegal, but however Bivac and the Government of Liberia have both benefitted from such illegal transaction, because Bivac has collected Bivac fees, the Clean Report of Findings Certificates (CRF) issued to the importers by Bivac and all Government taxes paid there by the importers and the goods cleared from the Freeport of Monrovia by customs and the importers,” said Mr. Bernard.
But in his decision, the Director of Labor Standard and Hearing Officer of the Ministry of Labor, ruled that the action of BIVAC to dismiss Mr. Nyanawlay is wrongful dismissal because according to him BIVAC has not produce any evidence to substantiate her claim against their dismissed employee.
The Hearing Officer said that BIVAC has failed to submit into evidence the seven CRF files and their importers, “Bivac investigation report into the alleged allegation and the provisions of BIVAC’s handbook and section of the labor laws that the complainant breached and the five thousand USD fined the company by the Government.”
He further ruled that collection of the company fees from the importers by the company, issuance of CRF to the importers and subsequent payment of taxes to the Government by the importers as testified by its Deputy Managing Director is a clear testimony that the goods on the seven CRF files were imported into Liberia legally, but not illegally claimed by BIVAC.
“It is therefore, the ruling of the Ministry of Labor that the Management of BIVAC is liable of the action of wrongful dismissal and ordered to reinstate Mr. David Nyanawlay and pay him all his salaries and benefits or pay him the full sum of US$43,143.00 in lieu of reinstatement in keeping with section 9 of wrongful dismissal of labor practices laws of Liberia.”
Bettie K. Johnson-Mbayo/ [email protected]
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