Garba Cham,
who was representing Seedy Cham, plaintiff, who sued AB RENT A CAR for wrongful
termination of his service, took over from the plaintiff and continued the
cross-examination of the defence witness, Lamin Touray, on Monday before
Magistrate Jobarteh of the Kanifing Industrial Tribunal.
“Have you brought the timing book?” asked Garba.
“I was not asked but we have it,” Lamin Touray said.
“Is it correct that the image of the plaintiff was placed on a billboard on the Bertil Harding Highway opposite AB RENT A CAR?” Garba enquired.
“It is correct,” replied Touray.
“Is it also correct that the image of the plaintiff was also placed on fliers and website?” questioned Garba.
“Yes,” answered Touray.
“Which year was this?” Garba asked.
“In 2009 and 2011,” said Touray.
“Is the billboard still there?” asked Garba.
“No,” Touray said.
“Is it correct that a proposed claim was put to you to the tune of D200,000 by the plaintiff?” asked Garba.
“Yes,” Touray replied.
“And what was your response?” asked Garba.
“There was no response,” answered Touray.
“Your response was that you will discuss it with management,” Garba put it to the witness.
“Yes,” said Touray.
“When did you give the plaintiff an employment letter?” inquired Garba.
“In 2009,” replied Touray.
“Is it correct that the employment letter given to the plaintiff was not in line with the Labour Act?” asked Garba.
“I have no answer,” said Touray.
“Were you giving the plaintiff a monthly pay slip?” Garba asked.
“No,” said Touray.
“Was the plaintiff given a hearing?” Garba questioned.
“Yes,” stated Touray.
“Did he attend?” questioned Garba.
“Yes,” answered Touray.
“Is it correct that while the plaintiff was on suspension, you gave him a letter for hearing?” asked Garba.
“It was given during the suspension,” Touray told the tribunal.
“It was wrong to do so,” Garba stated.
“I have no answer to that,” said Touray.
“Why did you dismiss the plaintiff?” asked Garba.
“The plaintiff was dismissed because he would come to work late, and there are other reasons,” Touray said.
At this juncture, Garba applied to the tribunal for the defendant to provide the timing book.
The case was adjourned till 1 April 2014.
