Dec 4, 2012, 9:46 AM
The Kanifing Industrial Tribunal on Monday ordered the defendant, Coconut Residence, to pay the plaintiff, Lamin Fadera, a month’s salary in lieu of notice, as well as D5,000 cost.
Coconut Residence, the defendant, was dragged to the Industrial Tribunal by Lamin Fadera, the plaintiff, who was claiming D200,000 for unlawful termination of his services.
In his judgement, the chairman of the Industrial Tribunal, Ngube, went through the testimonies adduced by the plaintiff and the defendant.
The plaintiff told the tribunal he was employed in 2008 and got terminated in 2010, he said, adding that the defendant only offered him one month’s salary in lieu of notice, social security and benefits.
The chairman said the defendant, on the other hand, claimed the plaintiff was terminated on the grounds of misconduct.
Chairman Ngube further stated that the determination of gross misconduct was the burden of the defendant to prove so, which he failed to do.
According to him, the defendant portrayed the plaintiff as aggressive and impolite.
However, these states were not corroborated by the defendant’s witnesses.
Ngube revealed that the plaintiff also said he was terminated because he wanted to swear to the Quran, when he was asked about the missing money. However, he said, the defendant denied that, saying it was because of the plaintiff’s attitude.
He indicated that from the evidence adduced by both parties, it was revealed that no fair hearing was given to the plaintiff.
He added that the plaintiff’s termination was unlawful.
However, he stated that the plaintiff went to Labour and explained the matter that he refused an offer of one month’s salary and benefits from the defendant, which was later accepted by the plaintiff at the Labour.
Accepting these benefits, the plaintiff could not consent to the claim, he said, noting that his claim lacked merits.
He awarded a month’s salary in lieu of notice and cost of D5, 000.