The outgoing judge of the Industrial Court, Justice Patrick O Hamilton has ordered the National Power Authority now (EDSA) to pay benefit due to Kelfala Marah and other plaintiffs plus a cost of fifteen million Leones to the court.
The plaintiffs in this action took the defendant NPA/EDAS to court for settlement on a claim of wrongful termination and denial of benefit and other entitlements.
Delivering his judgment after going through all preliminaries, Justice Hamilton said the action against the defendant start with a rite of summon file by the plaintiff's counsel F Foster claiming of wrongful termination since 2007 without benefits.
He said the matter was later transferred to the Industrial Court on 25 November 2015 failing to reach settlement at the Ministry of Labour and Social Security.
Justice Hamilton said during hearings eight plaintiffs made appearance before him, but only three testified with evidence similar in nature.
He said the first plaintiff, Kelfala Marah in his testimony categorically stated that they were employed by the institution, performed well and were terminated without benefit and other entitlements.
Contesting the action, the Managing Director of NPA/EDSA (defendant) confirmed that all eight plaintiffs were former employees of the institution.
The defendant said they did serve the institution for a very long time but was later found cheating by manipulating process and involving in illegal connections.
The defendant in continuation of his case said the plaintiff who were suspect by then at the Criminal Investigation Department were found guilty after investigation and were fired.
Coming back to the judgment proper, Justice Hamilton said to prove their case, the plaintiffs tendered pile of documents including their letters of employments.
"In my opinion, several allegations made by the defendant were not proven," he said.
Justice Hamilton said the defendant in this action appeared to terminate the plaintiffs without issuing them termination letters.
He therefore ordered that the institution pay the plaintiff the sum of one million Leones from the month of February 2008 to September 2011.
He said the plaintiffs should be given all their necessary benefit and that the defendant should pay the sum of fifteen million Leones as a cost to the court.
At the end of his address the plaintiff applause the Bench for fair verdict on their side.