Aug 20, 2009, 8:15 AM
Lawyer Badou S.M. Conteh, who is defending Kombo Beach Hotel, against whom a judgement was delivered, recently filed an appeal at the High Court for stay of execution.
The judgement was read by Magistrate Ngube of the Kanifing Magistrates’ Court written by Magistrate Abeke.
The plaintiff, Mariama Ceesay, sued the defendant, Kombo Beach Hotel, for wrongful termination of her service.
The defendant’s counsel stated in his appeal that the Industrial Tribunal erred in law and in fact in holding that the plaintiff’s termination of employment by the defendant was unlawful without an examination of the contract of employment by the tribunal.
The particulars of error of the appeal stated that the plaintiff in her testimony confirmed that she received a letter from the defendant on 4 January 2007, requesting her to explain in writing why she was absent from work from 1 to 4 January 2007.
The defendant’s counsel stated that the plaintiff admitted in evidence that if her sickness was a serious or major one, it would be referred to the defendant’s doctor.
According to the particulars of error, the plaintiff admitted that she did not explain in writing the reasons for her absence from work as required by the defendant.
Lawyer Conteh challenged that the plaintiff did not report to the defendant for work/duty and did not tender any medical report for her absence from 1 to 17 January when the defendant wrote to her demanding payment of the outstanding balance of the loan she took from the defendant.
The defendant’s counsel posited that the Industrial Tribunal erred in law in its interpretation of Section 83(2) (b) of the Labour Act.
Badou Conteh stated further that Section 83 (2) (b) of the Labour Act does not state specifically that self-certification of illness by an employee is sufficient evidence in the event of an illness by an employee.
He said the fact in issue before the tribunal was the requirement of written explanation regarding the absence of the plaintiff which necessarily included a medical report.
Lawyer Badou Conteh had informed the tribunal that he was filing an appeal at the High Court for a stay of execution, pending the outcome of the appeal.
He further told the tribunal that the appeal was not filed to frustrate the plaintiff and deprive her of the fruit of her judgement.
He applied to the tribunal to make an order so that the judgment sum of D237, 000 be deposited in a bank, pending the outcome of the appeal.
Magistrate Ngube as a result, granted the application and told the tribunal that the execution of the judgment would stay, pending the outcome of the appeal and that the judgment sum be deposited in a bank.