Nat’l Port Authority v Natt et al, [2014] LRSC 40 (14 August 2014)
NPA V Her Honor Natt et al. [2014] LRSC 40 (14 August 2014)
The Management of the National Port Authority (NPA)of the City of Monrovia, Liberia, APPELLANT VERSUS Her Honor, Comfort S. Natt, Judge, National Labour Court for Montserrado County, Honorable Nathaniel S. Dickerson, Hearing Officer, Ministry of Labour and Managers Association of the National Port Authority (NPA),also of the City of Monrovia Liberia, APPELLES
APPEAL
JUDGMENT
When this case was called for hearing, Counsellor Cooper W. Kruah of the Henries law Firm, appeared for the appellant. Counsellors Albert Sims and Amara Sheriff of the Sherman and Sherman Inc., appeared for the appellee.
Having carefully examined the certified records in this case, considered the evidence presented, attentively listened to the arguments advanced by counsels for the parties and in the light of the laws controlling and applicable to the facts and circumstances in this case, it is hereby
ADJUDGED
That the certified records support the findings that the forty-two (42} members of the appellee association, The NPA Managers Association, whose names are listed in the Opinion, voluntarily executed individual releases in favour of the appellant, the National Port Authority;
That each of the individual Releasers duly executed voluntary releases and by their intents undertook to extinguish forever any existing and future claims against the Releasee, the National Port Authority. Hence, the forty-two (42) Releasers are forever estopped and barred from instituting any suit seeking to recover any and all claims growing out of the employer/employee relationship against the Releasee, the National Port Authority.
That in keeping with the intents of the parties as well as the laws applicable in the construction of release in this jurisdiction, the final judgment entered by the National Labour Court for Montserrado County, confirming the award granted by the Labour Hearing Officer, in the amount of US$743.750.00 (Seven Hundred Forty-Three Thousand, Seven Hundred Fifty United States Dollars),and ordered paid by the appellant, the National Port Authority, to the forty-two (42) members of the Managers Association of the National Port Authority (NPA), same being without the pale of the law, is hereby vacated and set aside.
The Clerk of this Court is hereby ordered to send a mandate to the Labour Court to give effect to this judgment. Costs are disallowed. AND IT IS HEREBY SO ORDERED.
GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OF LIBERIA, THIS 14TH DAY OF AUGUST, A.D. 2014.
[Please see pdf file for signatures]
Note: Mr. Justice Philip A. Z. Banks, Ill, having travelled after hearing of this case, did not participate in its final determination; hence, he did not sign this judgment.