May 19, 2014, 10:57 AM
Kassim Ceesay, former employee of Gacem Company, has been awarded by the Industrial Tribunal the sum of D18,001.62 for unlawful dismissal, D1, 800 being Social Security contributions, D25,000 being compensation for pain and suffering resulting from injury the plaintiff sustained in the course of his employment, and D10,000 was also awarded to the plaintiff for costs.
This development followed a judgment delivered by the chairman of the Industrial Tribunal in favour of the plaintiff.
He stated that the plaintiff did not claim for salary payment up to the age of 60, and indicated that the plaintiff has restricted his claim to four years.
He further said that it was clear from the evidence that the plaintiff’s dismissal is fraught with abnormal circumstances, including the defendant’s failure to comply with the statutory provisions.
He added that the tribunal may in the circumstance consider making an enhanced award, rather than limiting award, to just the normal measure of damages, that is, the salary the employee would have earned over the period of notice.
Still delivering his judgment, the chairman told the tribunal that the plaintiff also led evidence on the injuries he sustained in the course of his employment with the defendant, and also tendered a medical report.
He added that the defendant failed to convincingly challenge the evidence of the plaintiff that his injury was caused through the negligence of his co-worker.
He further stated that recognition of this fact may explain why the defendant defrayed all the medical expenses incurred by the plaintiff in hospital.
He added that it was clear that the plaintiff was not compensated for pain and suffering.
He finally indicated that the defendant failed to comply with mandatory statutory provisions, thereby rendering the plaintiff’s dismissal unlawful.