The Industrial Tribunal of the Kanifing Magistrates’ Court on 9 May 2011 entered judgment in favour of Abdou Sowe, plaintiff, against his former employer, Gacem Ltd.
Mr Sowe filed a civil suit against the defendant, Gacem Ltd, before the tribunal claiming D401, 836, being salary that would have been accorded to him for up to the age of retirement had the defendant not wrongful terminated his contract. He was also claiming D200, 000 for breach of contract of employment and interest rate of 20% from May 2008 to the date of judgment and thereafter, 4% to the date of final payment plus cost.
The Chairman of the Industrial Tribunal, Ngube, told the court that the plaintiff gave evidence on his own behalf and called no witness while the defendant called two witnesses.
After giving the summary of the testimonies adduced by the witnesses and the defence counsel’s address, the chairman told the tribunal that they believed the testimony of the plaintiff that he was not given a statutory representation and therefore found the defendant in breach of the fundamental principle of natural justice.
The chairman also told the tribunal that “there is no law that requires an employer to retain an employee until he attains statutory age”.
He stated again that since wrongful dismissal is found on contract law, it is subject to standard rules for contractual damages and therefore found the defendant in breach of contract for failure to follow a procedural requirement.
Magistrate Ngube finally entered judgment in favour of the plaintiff as follows:
The Defendant should pay the plaintiff D2, 750 being salary for one month in lieu of notice.
A cost of D500, 000 should be payable by the defendant to plaintiff.
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