The NEC has accused the employees of coordinating and making disturbing noises and other unruly acts during work hours.
Monrovia, December 13, 2024: The National Elections Commission (NEC) says the Civil Service Agency (CSA) lacks subject matter jurisdiction over a complaint filed by some NEC employees alleging wrongful dismissal.
The NEC, through its lawyer, has argued that the 1973 Act that established the CSA as an agency within the Executive Branch of Government does not grant the CSA any authority to direct or review any employment-related matter concerning the NEC.
The Commission stated that it was established as an independent commission under Article 89(B) of the 1986 Constitution of the Republic of Liberia.
“Because the 1973 Act does not grant the CSA such authority, the CSA cannot, via a Standing Order, assume such authority,” the NEC argued.
The NEC’s statement comes against the CSA’s press statement dated December 10, 2024, revealing that it had received a complaint from 25 employees alleging that they had been dismissed by the NEC.
Having received such a complaint, the CSA informed the public that it had opened a hearing into the case brought by the 25 dismissed NEC employees.
However, the NEC has denied the allegation and asked the CSA to dismiss the complaint.
The NEC stated that assuming that the CSA had a degree of authority, Mr. Rennie B. Gleegbar, who filed the December 3, 2024 “wrongful dismissal” complaint, is a current employee at the NEC and has not been dismissed.
“Hence, Mr. Gleegbar lacks the capacity to factually and legally file a complaint of “wrongful dismissal” against the NEC,” the Commission noted.
Further, the NEC said it does not have any section or group called “The Aggrieved Workforce” of the NEC.
It, therefore contends that a complainant from such a group has not presented any instrument to the CSA showing that the said name/group is legally registered as an incorporated or unincorporated association to so operate.
Moreover, the NEC said Mr. Gleegbar, who signed the complaint, is not a lawyer to file a “wrongful dismissal” complaint on behalf of another adult.
If Mr. Gleegbar wanted to file a complaint in a representative capacity — as an attorney-in-fact on behalf of any current or former employee, the NEC suggested that he would need written authorization from that person designating and authorizing him to do so.
Because Mr. Gleegbar allegedly failed to plead and annex the necessary instruments, the NEC believes that the complaint must be dismissed for lack of legal capacity.
As per the 1973 CSA Act and Standing Orders of 2012, the NEC insisted that a person who was not appointed under the authority of the said 1973 Act and has not passed the Civil Examination has no right to appeal any action to the Examining Committee or the Board of Appeal of the CSA.
The NEC informed the CSA that the complainant herein was not appointed under the authority of the 1973 CSA Act.
According to the NEC, the complainant was hired under the authority granted to the NEC under the New Elections Law of 1986, as amended.
“Hence, the complaint must be dismissed, and the NEC has simultaneously filed along with this response a motion to dismiss the complainant’s complaint,” the commission noted.
