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Butchers’ Bar and Restaurant sued

Mar 24, 2014, 10:21 AM | Article By: Dawda Faye

Butchers Bar and Restaurant was sued at the Kanifing Industrial Tribunal by one Haddy Janneh, Adama Badjie Mama Jammeh and Modou Njie, claiming a total sum of D307,912.77 for social security contributions, public holidays, overtime, damages and compensation, maternity leave, one month salary and leave arrears.

According to their particulars of claim, they were at all material time working for the defendant as cooks and barkeeper.

They claimed that on 15 and 16 November 2013, (Tobaski days) they spent the days to cook for their families and did not go to work as usual, adding that this had been a practice for the past three years since they got married.

Their claim stated that Modou Njie worked on 15 November 2013, and did not work on 16 November 2013, because his village prayed on 16 November 2013.

The plaintiffs further claimed that during the past three years, it was only the Christian workers who worked on Tobaski day.

They stated in their claim that Haddy Janneh was sick on 16 November 2013, and went to Afrimed Hospital on 17 November 2013, and because of transport difficulty, Mama Jammeh could not make it to their workplace and had to phone a co-worker (Safi).

They claimed further that on 16 November 2013, the defendant, the proprietor, told one John to phone the plaintiffs and inform them that they were dismissed and that it was not necessary for them to report for work the next day 17 November 2013.

The plaintiffs indicated in their claim that they reported for work to know the reason they were dismissed.

They claimed they found the defendant standing at the gate of the workplace, who shouted at them and asked them not to enter the workplace, and then phoned the Kairaba Police Station. They were then arrested and charged with trespass, the plaintiffs said, adding that they were asked on Monday 21 November 2013, to go for their wages at the police station.

The plaintiffs claimed that they failed to take their wages at the police station and on 22 November 2013, the police phoned them again to go for their wages during which they informed the police that they had already reported the matter to the Labour Department. 

They stated in their claim that the Labour Department convened a tripartite meeting during which the defendant accepted to pay liabilities such as maternity leave, leave arrears, public holidays, overtime and compensation for unlawful dismissal in four installments but agreed that the defendant could pay in three installments, adding that the defendant always deducted their social security contributions and had not been remitting it to the SSHFC – Social Security and Housing Finance Corporation.

Garba Cham represented the plaintiffs and Lawyer S. Gaye represented the defendant and denied liability.

Magistrate Jobarteh, who presided over the case, adjourned it till 1 April 2014.