In a landmark ruling, the National Labor Court has ruled in favor of the National Port Authority (NPA), overturning a Ministry of Labor decision that had held the entity liable for the alleged wrongful dismissal of its former Financial Comptroller, Mr. Gabriel Bull. The case stemmed from Mr. Bull’s complaint accusing the NPA of unfair labor practices. However, the Authority, represented by Managing Director Hon. Sekou Dukuly, petitioned the court for judicial review, arguing that the dismissal was lawful and based on evidence of serious financial misconduct discovered through internal audits.
Court Upholds Employer’s Right Under Decent Work Act Judge Kollie focused on two main issues: whether an employer can summarily dismiss an employee for grave misconduct without an internal investigation, and whether the Ministry’s award of compensation was supported by sufficient evidence. Citing Sections 14.3 and 14.4 of the Decent Work Act, the court ruled that an employer may terminate an employee immediately for grave misconduct once such misconduct is proven The case originated when Bull challenged his dismissal, citing unfair labor practices and procedural irregularities.
After the initial ruling, he petitioned for judicial review, alleging bias and errors in the process. The Labor Court reaffirmed the original decision and ordered immediate reinstatement.
Author: Melvin Jackson
