The Come Inn Bar & Restaurant sued

Monday, January 07, 2013

Plaintiff Fatoumata Jeng dragged The Come Inn Bar and Restaurant to the Industrial Tribunal at Kanifing, claiming the recovery of D463,307.76 for unlawful dismissal and two-year leave arrears.

She also claimed interest of 25 per cent and cost.

According to the particulars of claim, the plaintiff was working for the defendant as a cashier.

The claim stated that on 27 October 2012, the plaintiff reported for work and was told by the general manager, Sambujang Jammeh, that the defendant said she should not touch the cash box because the defendant was counting the money in the cash box.

The plaintiff further claimed that she responded that she could not work on the cash without balancing it to know if she had a shortage or surplus.

The plaintiff indicated that the defendant, D.O. Louvric, who is trading as The Come Inn Bar and Restaurant, told the plaintiff that if she had a shortage he would let her know, and that the plaintiff expressed her concern about any surplus, but the defendant told her that the surplus, if any, belonged to him and he also owned the cash box.

The plaintiff went on to claim that on the same Saturday, one of the employees, called Kanku, who was responsible for the cash box for the day, said he would not work on the cash box before people would see him as the one who created the problem for the plaintiff.

Ms Jeng stated in her claim that the said Kanku took an excuse of stomachache and went home, adding that the general manager and the customers appealed to the plaintiff to work on the cash box.

The plaintiff indicated that she asked the general manager if something was missing in the cash box, but he said he would be responsible.

Ms Jeng further claimed that she worked on the cash box until closing time and went home, adding that the defendant on 28 October 2012, met her arranging a table under a mango tree near the restaurant and asked her whether the general manager did not inform her to report for work at 9 a.m. and she responded in the positive.

The plaintiff claimed that the defendant told her he had a big problem with her and then went to the bar, adding that she also went to the bar and started washing the cups and arranged everything.

Ms Jeng stated that when she was dry cleaning her hands, the defendant called her to go and learn how to serve, further stating in her claim that she asked the defendant what the problem was because since in the morning, he was causing her problem whilst she was avoiding him.

The plaintiff claimed that the defendant told her that he told one Sam to tell her to report at 9 a.m. but instead she came to work at 10 a.m., adding that she told the defendant she was supposed to report for work at 10 a.m. and would not start work at 9 a.m.

Ms Jeng indicated that the defendant told her to take her bag and go home for suspension, adding that she asked for a written suspension and was given a day suspension letter.

She further claimed that the next day, she reported for work and was given another suspension letter for a week and a hearing letter for termination.

Garba Cham, secretary general of the Gambia Workers’ Union, represented the plaintiff, Fatoumata Jeng, whilst lawyer Sidney Riley stood in for the defendant.

Author: Dawda Faye