South Sudan's English Daily Newspaper
"We Dare where others fear"
By Jenifer James
The high court has adjourned a significant labor dispute case involving former national staff of UAP Insurance South Sudan, a subsidiary of the UAP Old Mutual Group in East Africa, to 25 October.
The case was brought forward by the terminated national staff members, who are seeking compensation and reinstatement, after claiming they were dismissed on unfair grounds by the management of UAP.
Advocate Marko Reech Chan, representing the former UAP employees, told journalists on Wednesday that his teamreceived replies to the preliminary objections and comments made by the defense team, adding that the next hearing, where they will focus on key legal points that could shape the direction of the case.
Reech highlighted a critical contradiction in the defense’s submissions, which has become a central issue in the case.
The defense team presented two sets of documents that seemingly contradict each other.
The first document claims that the national staff members were terminated and that they were fully paid off, including benefits owed to them.
However, a second document, also presented by the defense, came from the Ministry of Labor and directly contradicts the first.
This document orders the reinstatement of the terminated staff members, which suggests that their termination had been deemed unlawful by the ministry.
“Our response to the court is centered on these contradictory documents, particularly the reinstatement order from the Ministry of Labor. The first document, which was an order to reinstate the staff, is the one we are relying on,” Reech explained.
“The second document, which appears to approve the termination, is questionable, and we do not know how the defense is using this as part of their argument,” he added.
Reech asserted that the situation remains unresolved within the Ministry of Labor, adding that the defense’s claims, particularly about the staff being paid their benefits, hold no legal weight.
He reiterated that the core issue is the legality of the termination, which he believes was unjust.
Reech called on the court to declare that the termination was unfair and to order the reinstatement of his clients to their positions at UAP Insurance South Sudan.
In an effort to resolve the dispute, the Ministry of Labor had intervened on 6 October 2023. The ministry instructed UAP Insurance to reinstate the dismissed staff members and address a proposed salary increase.
However, the defense has yet to comply with this directive, leading to the ongoing legal battle in court.
The case has attracted attention, as it involves questions of labor rights, corporate responsibility, and the Ministry of Labor’s authority in employment disputes. The final ruling could set a precedent for future labor-related cases in South Sudan.