Sep 3, 2008, 5:10 AM
Anthony Maxwell, plaintiff, who worked for Gambia National Insurance Company, has sued the said company at the Industrial Tribunal for wrongful termination of his service, after twenty-four years of service.
The case was presided over by Magistrate Nying of the Kanifing Magistrates' Court on 3rd June 2010.
The plaintiff is claiming the sum of D384, 000, being the total monthly salary of the plaintiff for the sixteen years remaining of his statutory working life.
The plaintiff claimed the sum of D300, 000 as damages for wrongful dismissal and breach of contract.
According to the particulars of claim, the plaintiff is a citizen of The Gambia and the defendant is an insurance company.
The plaintiff claimed that he was employed by the defendant in 1985 as a messenger but over the years he also served as a defender and security man.
The particulars of the plaintiff's claim stated that the plaintiff had worked for the defendant from September, 1985, to July, 2009.
The plaintiff went on to state that he was born on 25th January 1960, and was about 49 years old when his service with the defendant was terminated.
The plaintiff further revealed in his claim that "on 15th July 2009, the plaintiff was invited to attend a meeting on 16th July 2009, as the management of the defendant was contemplating terminating his service, and that upon the plaintiff's complaint the notice period was too short, then the defendant rescheduled the meeting to 18th July, 2009."
The plaintiff still claimed that on the said 18th July 2009, he attended the meeting in the compound of one Mr. S. Akimbo. At the meeting, said the plaintiff, the Managing Director of the defendant, on behalf of the company, had informed the plaintiff that he (plaintiff) knew why he was at the meeting.
The plaintiff continued to claim that he insisted that he was to be informed as to the reason for the meeting, but the Managing Director told him that instructions came from the Board of Directors that the plaintiff would either resign or his employment would be terminated by the company.
The plaintiff indicated that the defendant had failed to explain the reason for which the defendant was considering dismissing him.
The plaintiff further claimed that by a letter dated 21s July, 2009, the plaintiff was informed of the termination of his service with the defendant and was also informed of what the defendant considered to be the plaintiff's terminal benefits.
The particulars of the plaintiff revealed that the purported termination of his employment is unfair and wrongful, and offends the provision of the Labour Act.
Lawyer Badou S.M. Conteh represents the plaintiff.