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Actionaid case progresses

Aug 8, 2014, 10:12 AM | Article By: Dawda Faye

Lamin Nyangado, who sued Actionaid for wrongful termination of his service at the Kanifing Industrial Tribunal, continued his testimony on 6 August 2014, before Magistrate Kijera.

Being led by Lawyer Kebba Sanyang, Mr Nyangado told the tribunal that at the point he was declared redundant, he was receiving D57,239.38 as gross salary.

He said he was receiving other benefits such as medical, internal pension fund, and social security contribution, adding that internal contribution fund is contributed by Actionaid on behalf of the staff, which is 15 per cent.

He said it is different from social security contribution.

Mr Nyangado posited that when he and his position were made redundant, he did not discuss it with the defendant.

He further adduced that he did not know how the defendant arrived at the sum they alleged to have paid him, adding that up to the time of filing the suit at the tribunal on 23 June 2014, the defendant did not tell him how they arrived at the figures.

He narrated that Monday 21 July 2014, he was looking at his mails and found a letter from the head of finance captioned “Details of Redundancy,” further stating that the mail came to him in an email.

The said email was shown to him, which he identified. Kebba Sanyang then applied to tender it.

The defence counsel, Hawa Sisay Sabally, did not raise any objection, and the tribunal admitted it.

He said he was the head of policy and advocacy and it was that position that was made redundant, adding that when he was redesignated as head of policy and advocacy he was given terms of reference.

The redesignated letter was given to him, which he identified.

Kebba Sanyang then applied to tender it and the defence counsel did not object to the tendering of the document. The tribunal admitted it.

Mr Nyangado further testified that following the redundancy notice served on him, he wrote a letter to the defendant to issue him with a letter of appointment.

At this juncture, he indentified the letter he wrote to the defendant, and Kebba Sanyang applied to tender the said letter.

The defence counsel did not raise any objection. The tribunal admitted it.

Mr Nyangado revealed that when he was made redundant, he was 57 years old, and that he would have retired in 2016 in December.

He said a new position of the same level had been created by the defendant after the defendant made his position redundant (head of programme and policy).

He said he did not know when it was created by the defendant but was created after his position was made redundant.

He stated that he was written to by an email from the Human Resources Office and Development manager captioned “Vacant position,” and in the same mail they requested him to apply, adding that this was barely a month after he was made redundant.

“I told them that I was not going to apply because of the treatment I received, and I was not sure whether I would be treated fairly if I applied,” he told the tribunal.

He said the HROD manager wrote back to say they realised the fact but they still encouraged him to apply.

Mr Nyangado adduced that he applied and submitted his application on time.

At this juncture, he identified his application letter and the encouragement letter from the defendant.

Kebba Sanyang then applied to tender the said letter and the defence counsel did not raise any objection.

They were admitted by the tribunal.

The case was adjourned till 17 September 2014.