Nov 15, 2011, 1:39 PM
Seedy Cham, former employee of AB RENT A CAR, dragged his former employer to the Kanifing Industrial Tribunal for unlawful dismissal.
The case was presided over by Magistrate Jobarteh, chairman of the tribunal and was assisted by panelists Cole and Njie.
Seedy Cham, the plaintiff, claimed for the recovery of D966,750 being salaries, annual leaves and social security to pension age remaining for unlawful dismissal, breach of contract and betrayal of trust.
He also claimed 36 per cent and cost.
Salieu Taal, who represented the defendant, denied liability.
According to the particulars of claim, the plaintiff was at all material time working for the defendant as a driver.
Mr Cham claimed that he came to discover that his image was being advertised in the name of the company on billboards and the internet without his consent.
The plaintiff’s claim stated that the defendant then removed the advertisement on the billboard opposite the office headquarters and left the one on the internet.
He further claimed that he wrote to the defendant claiming for compensation and the defendant did not acknowledge or respond to the plaintiff’s request for compensation.
Mr Cham claimed that he then reported the matter to the Gambia Workers’ Union, whose representative met the defendant who asked the union’s representative to propose an amount to compensate the plaintiff.
The plaintiff further claimed that the union’s representative proposed to the defendant the sum of D200,000 to compensate the plaintiff.
The claim indicated that the following day, the plaintiff was suspended unlawfully and the matter was reported to the Labour Department for redress.
Cham stated in his claim that the Labour Department convened a tripartite meeting but the defendant failed to attend the meeting, their reason being that the plaintiff must finish his suspension.
The plaintiff claimed that before he finished his suspension, he was issued with a letter for a hearing.
Seedy Cham further claimed that he informed the defendant in writing that his representative for the hearing had travelled and was waiting for his return.
He claimed that the defendant then issued him a dismissal letter.
Garba Cham represented the plaintiff at the tribunal.
The case was adjourned for hearing.