Court dismisses UAP’s objection, sets case against insurer in motion

JUBA – The Juba High Court has rejected UAP Insurance Company’s preliminary objection to dismiss a lawsuit filed by former staff, citing a lack of substantial evidence supporting the firm’s motion.

Presiding Judge Francis Amum dismissed the insurer’s legal objection, affirming the continuation of court proceedings. He urged both parties to present their evidence before formal charges are determined.

Speaking to reporters following the adjournment, plaintiff lawyer Marko Reech announced that the court has scheduled a hearing for Thursday, October 31, 2024.

“Today, the preliminary objection in front of the law, submitted by the defense counsel, has been dismissed by the court,” Reech stated. “The case will proceed, and we’ll reconvene tomorrow,” he added.

Reech explained that UAP Insurance argued the High Court case should be dismissed, asserting that the Labor Office had previously settled the dispute. However, Reech noted that the judge found insufficient proof of this claim, and ordered the matter be addressed in court.

“The court said, ‘No, you have not proven that,’ and instructed them to present evidence during the hearing,” Reech explained.

He added that the judge had requested key documents related to the case, including employment contracts, salary details, termination dates, and reasons for dismissal.

“We have not yet submitted these documents; they’ll be presented on the day of the hearing, where each party will provide their own records,” he said.

Defense lawyer Gabriel Anyar declined to comment, directing the media to seek information from UAP Insurance’s offices.

In September, UAP’s defense counsel filed a preliminary objection to the case, presenting two documents issued by the Labor Office—one ordering reinstatement and another approving dismissal—and asked the judge to dismiss the case.

However, Reech argued that the defense’s submission contained “contradictory documents” supposedly issued by the Ministry of Labor.

He also dismissed the claim that former employees had received their benefits, explaining that the staff turned to the court after the Labor Ministry failed to resolve the matter.

The dispute stems from October last year, when national employees at UAP alleged unfair treatment and wage disparities between local and expatriate staff, prompting around 70 employees to stage a sit-in that brought UAP’s operations to a standstill.

UAP subsequently dismissed at least 10 employees who had been calling for better wages, in defiance of a Ministry of Labor order calling for their reinstatement.

In response, the UAP National Staff Association (UNSA) initiated legal proceedings against the company.

Luka Nyarsuk Nason, Chairman of the Labor Advisory Council, issued a letter on September 29, 2023, instructing UAP management to suspend any administrative actions taken against the employees involved in the dispute.

In October, the Ministry of Labor issued a verdict in favor of the national staff, condemning the insurer’s alleged unfair practices and wage disparities.

Mary Hillary Wani, Undersecretary at the Ministry of Labor, directed UAP to reinstate the 10 dismissed employees and nationalize positions currently held by employees physically working in Kenya.

Despite the Labor Ministry’s directive, UAP has yet to implement these orders, according to information obtained by Sudans Post.