Monrovia – A Senior Hearing Officer at the Division of Labour Standards, at the Ministry of Labour has ruled holding Sime Darby/Mano Oil Plantation liable to pay the amount of twenty-four thousand United States to a former employee of the company for unfair labour practices.
The ruling by Hearing Officer Charles M. Tuazama dated October 19, 2020 a copy of which is in the possession of FrontPageAfrica followed several months of investigation into the complaint filed by Atty. Samwar S. Fallah against the Management of Sime Darby/Mano Oil alleging unfair Labour Practice, constructive dismissal without cause.
Atty. Fallah in his letter of complaint file before the then Minister of Labour, Hon. Moses Y. Kollie on December 18, 2019 alleged that the Defendant, management of Sime Darby/Mano Oil Plantation, terminated his two years fixed-term contract when the company stopped sending him a vehicle to commute him to work against the terms and conditions of his employment contract.
The complainant indicated that he first started to encounter problems commuting to work due to continuous brake down of his assigned vehicle where he repeatedly asked Defendant Management to change the vehicle but the Defendant Management refused and decided to stop the assigned vehicle from commuting him to work, thereby making it impossible for him to continue to report to work.
He also informed the Investigation that, his constructive dismissal came about when the defective vehicle defendant management assigned to him broke down on numerous occasions and he applied frantic efforts to get it fixed but to no avail, while defendant management that had fleet of vehicles, decided to assign him a very old vehicle, considering his position as one of the Senior Managers.
The Complainant indicated that a clause in his employment contract provided for Defendant Management to provide him assigned vehicle for work related purposes.
Following testimony and production of written instruments and other pieces of evidence by the Complainant, lawyers for Defendant management Sime Darby/Mano Oil Plantation cross-examined the complainant but on the other hand failed to take the stand and provide their side of the story despite receiving more than four (4) notices of assignment for continuation of the hearing.
Counsel for the Complainant, Atty. Sylvester G. Lormie, II filed a motion requesting the Hearing Officer to rule against Defendant Management Sime Darby/Mano Oil Plantation for failing to appear to present its side of the case indicating that the failure of the defendant management to present its side of the case meant that they admitted to wrongful dismissal of the complainant.
Hearing Officer Tuazama stated in his findings “That, the Defendant Management refusal and failure to take the witness stand in defense of their dismissal action, having signed for and received four (4) Notices of Assignment is an admission to the evidence presented by the Complainant as the Honorable Supreme Court has held in numerous cases that any allegation or pleading to which a responsive pleading is not provided is deemed admitted, as such the refusal of defendant management to respond to complainant preponderance of evidence presented while presenting his side of the case, coupled with the complainant oral testimony is an admission by Defendant Management”.
The Senior Hearing Officer further stated in his findings that the Complainant in these proceeding will enjoyed all associated benefits enshrined in the contract that He should have enjoyed till the end of the contract Not only the salary.
Senior Hearing Officer Tuazama stated “There is a maxim in law that says, and I quote: “Allegation well pleaded not denied is deemed admitted.” The Defendant Management in this case, deliberately refused, failed, and neglected to take the witness stand in defense of their action that means all testimonies and pieces of evidence presented by the Complainant and its counsel is considered fact in determination of the case or matter”.
He also cited several other laws including previous Supreme Court opinions where it was held that an employer bound to an employee by a contract of employment for a definite period, may not dismiss that employee before the end of that period unless it is shown that the employee has been guilty of gross breach of duty or a total lack of capacity to perform..
Senior Hearing Officer Tuazama noted that there is no showing that Complainant/Atty. Samwar S. Fallah was guilty of gross breach of duty or a total lack of capability/capacity to perform and as such Complainant fixed term contract should not have been constructively terminated by Defendant Management.
In his final ruling, the Senior Hearing Officer stated that the Defendant management Sime Darby/Mano Oil Plantation be held liable to pay the amount of US$24,085 to the complainant representing payment of salary for unexpired term of his fixed term contract as well as other benefits which he should have enjoyed had defendant management not prematurely and constructively terminated his contract.
Senior Hearing Officer Tuzama stated in in his ruling “wherefore and in view of the foregoing facts and circumstances, coupled with the evidence adduced during the Hearing of the subject matter, this Investigation is of the candid opinion that the Defendant Management Sime Darby/Mano Oil Palm Plantation is held liable to pay the sum of US$24,085.00 (Twenty four thousand eight-five United States dollars to the Complainant), Mr. Samwar S. Fallah, representing the salaries and benefits for the unexpired portion of the definite contract that was prematurely terminated by Defendant Management”.
Following the ruling, Defendant Management Sime Darby/Mano Oil Plantation did not excerpt to the ruling to announce an appeal an indication that the complainant now has to wait for a period of 30 days as of the date of the ruling October 19, 2020 to file for Clerk Certificate with the National Labour Court to be followed by an application for enforcement of the ruling of the Senior Hearing Officer for Defendant Management Sime Darby/Mano Oil to satisfy the judgment.