In ActionAid case, Lamin Nyangado continues testimony

(Issue, Monday 30 March 2015)

Lamin Nyangado, who sued ActionAid for wrongful dismissal, on 25 March 2015 concluded his testimony before Magistrate Colley of the Kanifing Industrial Tribunal, who was assisted by panelists Sosseh Kolley and Mrs Davies.

Being led by his counsel, Kebba Sanyang, he was reminded that he informed the tribunal that ActionAid was aware of his treatment and facilitated his travel to Dakar, and he said this was what he told the tribunal.

He was asked whether he was issued with any document authorizing him to travel, and he answered in the positive.

He further stated that it was a letter signed by the then executive director, and that the said letter was with his counsel.

Kebba Sanyang reminded him that upon receipt of his notice of redundancy by ActionAid, he said he responded to the notice of redundancy served on him, dated 30 December 2013, and he confirmed that he said so.

The letter was shown to him to identify, which he did.

Kebba Sanyang applied to tender the said letter. The defence counsel, Hawa Sisay-Sabally, had no objection.

The tribunal admitted it.

Mr Nyangado was asked whether he wanted to tell the tribunal that he was on treatment when he was made redundant, and he replied in the positive.

Asked whether the calculations he made was the result of the claim he filed before the tribunal, and he responded in the positive.

Further asked whether he would be able to identify a copy of the calculation, he again answered in the positive.

It was shown to him, and he identified it.

Kebba Sanyang applied to tender it and the defendant’s counsel did not raise any objection.

The tribunal admitted the document.

Mr Nyangado was asked whether, while he was an employee of the defendant, he committed anything to warrant his suspension or  dismissal, apart from what he narrated previously before the tribunal, and he answered in the negative.

He said he has not been employed since he was made redundant, adding that he has a wife, two biological children and other people living with him, and that he takes care of all of them.

He added that he is also responsible for his mother, and that his sister’s husband died and he is sometimes responsible for her children.

He is also responsible for his extended family, since he is the most senior.

He was reminded that when the defendant made him redundant, they informed him that they had paid his benefits into his account, and he answered in the positive.

Mr Nyangado further adduced that he wrote to them and told them to go and retract the payment before it landed in his account at BSIC, adding that the executive director wrote to him stating that they would do so.

He said he wrote to BSIC to instruct them to block the passage of any payment into his account.

At this juncture, he was shown the letter he wrote to the bank to identify, which he did. He said it was a copy and the original was with the bank.

Kebba Sanyang applied to tender the said letter, dated 30 December 2013. The defendant’s counsel did not object, and the letter was admitted by the tribunal.

Mr Nyangado testified that one Ousman Gaye, an employee of the defendant, wrote to him and asked him to apply for the new position after he was made redundant.

The letter was shown to him to identify, which he did. Kebba Sanyang applied to tender it, and the defendant’s counsel did not object.

The document was admitted by the tribunal.

Kebba Sanyang went on to ask whether they told Nyangado how they arrived at his benefits, and he answered in the negative.

Mr Nyangado added that he was directed to hand over the office, and that there were handing over notes prepared and they were detail.

A copy of the handing over notes was shown to him to identify, which he did, and further said it was a copy, and the original was with the defendant.

Kebba Sanyang applied to tender the said document. Hawa Sisay-Sabally did not raise any objection, and the document was admitted by the tribunal.

Mr Nyangado testified that having left the defendant’s premises, he requested for the letter of appointment when he was first engaged by the defendant, adding that it was in writing and he sent an email to the executive director.

The letter was shown to him to identify, which he did, and said that it was a copy and the original was with the defendant.

Kebba Sanyang applied to tender the document and the defendant’s counsel did not object.

The tribunal admitted the said document.

At this juncture, Kebba Sanyang asked him how he would describe his redundancy.

Nyangado said it was very unfortunate, surprising and very inconsistent with the policy manual of the defendant. He also described it as embarrassing.

The case was adjourned to 13 April 2015, for cross-examination.