Aug 29, 2013, 12:41 PM
Magistrate Jobarteh, chairman of the Kanifing Industrial Tribunal, recently entered judgement in favour of one Ansu Sanneh, who dragged his former employer, Little Star Co Ltd, to the tribunal for unlawful dismissal.
In delivering his judgement, chairman Jobarteh told the tribunal that by a praecipe filed by the plaintiff, Ansu Sanneh, sought the following from the defendant: the recovery of the sum of D775,615.40 for unlawful dismissal, 2-year leave arrears, interest of 25 per cent and cost.
He stated that when the defendant was served with the process, its Admission Manager, Musa Jawneh, sent in a letter dated 26 November 2012, seeking the adjournment of the matter for a week.
Chairman Jobarteh further indicated that when that was granted, the defendant never made appearance throughout the presentation of the case of the plaintiff.
Having perused the evidence and the exhibits led by the plaintiff, he was convinced the plaintiff had proved his claim against the defendant pursuant to Rule 10 (a) and (b) of the ITRS, he said.
He added that with regard to the first relief, which was the recovery of D775,615.40, the plaintiff did not lead any evidence on how he arrived at this global sum.
Therefore, he said, the tribunal would make recourse to exhibit P1 on bullet point 10 which stated that one-month notice period or payment of one month in lieu of notice.
“Therefore, the plaintiff is only entitled to the payment of the one-month remuneration for the defendant,” he stated.
Chairman Jobarteh further said that on the issue for the 2-year leave arrears, equaling to 28 days, the tribunal granted the relief and awarded payment of 28 days leave arrears due to the plaintiff.
He consequently entered the award in favour of the plaintiff and against the defendant and ordered the following: the defendant shall pay the plaintiff the sum of D2,000 as one month payment in lieu of notice, the defendant shall pay to the plaintiff the sum of D1,615.40 as the 28 days leave arrears, the defendant shall pay cost of D10,000 to the plaintiff, and interest of 4 per cent shall be paid on the award sums from the date of the award to date of payment.