Mar 30, 2020, 11:23 AM
Magistrate Ngube, chairman of the Industrial Tribunal at Kanifing, on 17 October 2011 entered judgment against Guaranty Trust Bank (GTB) in favour of their ex-employer, Mam-Nabou Samba, plaintiff.
The defendant was ordered to pay the plaintiff the sum of D205,049.45 being damages for wrongful dismissal.
The plaintiff, Mam-Nabou Samba, was awarded cost of D20,000 and interest of 15 percent from 15 September 2010 to date of final payment.
However, Mam-Nabou Samba had claimed special damages of D500, 000, general damages for breach of contract, interest and costs.
In his judgment, the chairman of the tribunal stated that the plaintiff filed a suit against the defendant, claiming for wrongful dismissal.
He went through the testimony of the plaintiff and that of the defendant.
According to the chairman, the plaintiff told the tribunal that she worked for the defendant and that, prior to her dismissal, she had a series of promotions by the defendant including as a banking officer due to her performance.
Still in his judgment, he told the tribunal that the defendant claimed that the plaintiff was incompetent in doing her work, adding that it was for the defendant to prove that.
He adduced that the plaintiff claimed her performance was good, and that she had promotions by the bank.
Ngube further adduced that there were allegations made which were not proven by the defendant.
“The burden is on the defendant to prove those allegations, hence they have the plaintiff’s file,” he stated.
According to the chairman, no single document of the plaintiff’s bad conduct alleged was tendered.
The tribunal chairman said: “I hold that the plaintiff was dismissed for reasons unrelated to her lack of competence and poor conduct at work.”
In that process, he added, the defendant failed to comply with the relevant provisions of the Labour Act and with the terms of her contract.
“This constitutes an abnormal circumstance, and coupled with the high-handedness of the defendant in ending the employment, I hold that the plaintiff was entitled to an enhanced award,” Ngube declared.
Readers would recall that the suit was filed on 16 September 2010 and the hearing ended on 27 September 2011.
The defendant was represented by Mene, and Abdoulie Sissoho stood for the plaintiff.