The Golden Veroleum Liberia (GVL) Incorporated seems to be reneging on paying the full benefits of an employee whom the management is believed to have transferred.
Already the company stands accused of violating Section 14.10 Chapter 14 of the decent work act therefore; the employee is demanding two years compensation in the amount of US$ 5, 256.
Employee Alvin Pyne’s demand comes following a ruling in his favor handed down on Friday, September 24, 2021, by the Labour Ministry’s Regional Office in Greenville, Sinoe County against the company, but apparently the GVL has refused to honour the verdict as it is still in its position as the employee languishes without pay and or a dismissal letter.
Whatever is the case, the company does not seem to disclaim the ruling but reports suggest that the GVL wants to make a half settlement of US$1, 900 instead of the full amount.
The ruling against the company states that if the management (GVL) believes that the position the employee occupied no longer exists, it may choose to transfer him to another skilled job or pay him off.
However, the management is held liable to compensate employee Pyne in order to have an amicable settlement into the matter at bar.
Section 14.10 Remedies for Invalid Termination of Employment of the Decent Work Act states: “The organization of work in the enterprise has so substantially changed that the job that the employee was employed to do no longer exists; there is no comparable job available for the employee.”
“If any, as may be appropriate to do justice in the case, provided that if reinstatement is ordered, the amount of compensation should not exceed an amount equal to the remuneration that the employee would have earned from the time that their employment was terminated, up until the time of the order for reinstatement,” the Section stated.
It explained further that; “In any other case, the amount of compensation should not exceed an amount equal to two years’ remuneration computed on the basis of the average rate of salary received 6 months immediately preceding the dismissal.”
Notwithstanding, “if there are reasonable grounds to effect a determination that the dismissal is to avoid the payment of pension, then the arbitrator may award compensation of up to but not exceeding the aggregate of 5 years’ salary or wages computed on the basis of the average rate of salary received six months immediately preceding the dismissal.”
It continued: “In all cases the amount of compensation shall take into account any payments made by the employer to the employee at the time the decision to terminate the employment; the employee’s earnings, if any, since the decision to terminate the employee’s employment; the extent to which the employee attempted to mitigate their loss; and the reasons why the employee commenced the proceeding.
“If reinstatement is ordered, the employee shall resume employment with the employer within one month of the order for reinstatement; and is taken for all purposes to have continued in their employment without interruption; the employer shall allow the employee to resume employment with the employer.”
