May 21, 2013, 11:58 AM
The case involving Banjul City Council (BCC), which was sued by Lamin Sanyang for wrongful dismissal, on 3 February 2014, resumed before Magistrate Jobarteh of the Kanifing Industrial Tribunal.
Lamin Sanyang, the plaintiff, in resumption of the case, told the tribunal that the name on exhibit P7 was Hadim Gai.
He testified that Hadim Gai is a shop owner at the Albert Market in Banjul, adding that his block number is AX1 A2.
Mr Sanyang told the tribunal that the collector received D7,800 from Mr Gai on 3 May 2010, and was issued with a receipt whose number was 0648227.
He said the original receipt was issued to Mr Gai and the collector paid D5,850 to BCC and recorded the same amount on the duplicate, adding that D5,850 was recorded in the collector’s cash book.
Mr Sanyang revealed that D1,950 was the difference.
At this juncture, the plaintiff’s counsel, Sidney Riley, applied to tender the receipt which was issued to Hadim Gai.
His application was granted, and the tribunal admitted the receipt.
Mr Sanyang further posited that Pateh Barry is also a shop owner at the Albert Market whose stall number is DX22 and the shop number is D-237.
He narrated that Mr Barry paid D1,350 and was issued with a receipt, numbered 0653116, adding that the collector was Sheriff Mbye who recorded and paid D900 to BCC, making a loss of D450.
Counsel Riley applied to tender the receipt and his application was granted, and the said document was admitted by the tribunal.
Lamin Sanyang told the tribunal that when he discovered the differences, he wrote to the Account Clerk and gave him the outcome of his inspection.
He further testified that the matter went to the financial director, who was not happy along with Mustapha Batchilly, the CEO, who issued him with a dismissal letter.
“There was no establishment, neither was there any local government service commission that should have invited me for a meeting before dismissing me,” Mr Sanyang told the tribunal.
He said he was dismissed because the financial director, Ablie Nyang, told him he was wicked and nobody was happy with him.
Mr Sanyang further revealed that Ablie Nyang told him that even the former Mayor and the CEO were not happy with him, and if he were not mindful, he would make him lose his job.
At this juncture, Sidney Riley told the tribunal that the plaintiff had closed his case.
As a result, the case was adjourned till 17 February 2014, to enable the defendant’s counsel to cross-examine the plaintiff, failure of which the tribunal would proceed to judgement.
Lamin Sanyang is claiming a declaration that his dismissal by the defendant was unlawful.
He also claimed payment of financial entitlement up to retiring age of 60 years, damages for breach of contract, interest at the rate of 25 per cent per annum from 5 April 2012 to date of judgement and thereafter statutory interest of 4 per cent to date of final liquidation, and costs.