Monrovia – The Liberian Bank for Development and Investment (LBDI) may likely not comply with the June 6, 2016 judgment of the National Labor Court demanding the bank to pay US$120,000 and an amount slightly over L$100,000 to Mr. Thomas B. Barcon for unfair labor practice against him.
Report by Alaskai Moore Johnson, [email protected]
A case which was already concluded by the Judgment at the National Labor Court at the Temple of Justice when suddenly the Presiding Judge notified the Barcons that the Chief Justice of Liberia, Cllr. Francis S. Korkpor, Sr. requested the Labor Court Judge to discontinue with the proceeding of enforcement on a ruling handed down by said court after both parties had earlier contested the defendant LBDI appeal with the Justice in Chambers, Cllr. Philip A. Z. Banks, from which the case was finally returned to the Labor Court for enforcement in favor the Plaintiff, Thomas Barcon.
Mr. Barcon, on September 27, 2012, filed a complaint before the Ministry of Labor, alleging that the defendant bank owed him one leave payment, two retirement benefits, three educational allotment and four provident fund benefit and supra, which the bank has failed and
refused to settle the indicated benefits. Later, the Ministry transferred the case to its Hearing Officer, Nathaniel S. Dickenson, who after the LBDI’s lawyer refusal to attend most of Dickenson’s planned meeting with the parties (Barcon and LBDI) found the bank liable for unfair labor practices and ordered the bank to pay to Barcon the amount of L$181,989.67 and US$103,204.90.
But, the Labor Court reduced the United States component of the money from US$181,989.67 to US$117,653.66, while the Liberian Dollars component was increased from L$103,204.90 to L$208,468.22. Not being satisfied with Dickenson’s ruling, LBDI subsequently on March 25, 2013 filed a Petition for Judicial Review against both Dickenson and Barcon before the National Labor Court.
The bank argued that Dickenson’s decision was not in conformity with the law. Later, Judge Natt confirmed Dickenson’s ruling of which the bank challenged and announced an appeal before the Supreme Court, on April 6, 2016.
Unfortunately, after announcing the appeal, the LBDI also failed to file its bill of exception within statutory time of ten days, which elapsed on April 16, 2016.
It was based on the bank’s failure, that Barcon’s lawyer on May 10, filed a motion to dismiss the appeal, which hearing should have taken place on May 17, but the LBDI did not show-up for the hearing.
On June 7, Judge Natt again dismissed the appeal for failure to comply with statue, thereby granting Barcon’s motion on grounds that the bank failed to file its exception within the statutory period.
Immediately afterward, the LBDI again filed a petition for a writ of mandamus before then Justice in Chamber, Justice Jamesetta Howard Wolokollie. However, Justice Wolokollie could not hear the matter due to her absent from the country and it was Retired Associate Justice Philip A.Z. Banks, who heard the appeal.
Justice Bank then mandated the National Labor Court to resume jurisdiction over the case in keeping with the law. It was upon receipt of the mandate that Judge Natt and the parties (LBDI and Barcon) on June 9, 2016 approved a bill of cost for the settlement of the judgment rendered on April 6, 2016.
Unfortunately, up to present, LBDI had failed to settle the bill of cost and the matter was still with the Supreme Court undecided, though, Retired Justice Banks had approved Judge Natt’s judgment.
The situation has rendered Mr. Barcon in limbo with no sign of settlement for a case that lingered on for eight year against his former employer, LBDI.