Feb 26, 2016, 10:43 AM
Sheriff Jobarteh, fomer employee of Laico Atlantic Hotel, sued his former employer along with one Alieu Faal and Baba Darboe, second and third defendants, respectively at the Kanifing Industrail Tribunal for unlawful termination.
Chairman Junkung Jobarteh, who was being assisted by his team of panelists, presided over the case, which was mentioned on 14 May 2013.
Kebba Sanyang, the defendant’s counsel, rose and applied to the tribunal to strike out the names of the second and third defendants, stating that they are not the employers of the plaintiff, Sheriff Jobarteh.
He argued that Alieu Faal and Baba Darboe are employees of the hotel.
Chairman Jobarteh, in his ruling, told the tribunal that the second and third defendants could not be sued because they are also employees of the hotel.
He consequently struck out Alieu Faal and Baba Darboe’s names from the suit.
The defendant’s counsel rose again and informed the tribunal that his instructions were that the defendant was denying liability.
According to the statement of claim of the plaintiff, he is claiming the recovery of D1,420,060 for unlawful termination, breach of contract, betrayal of trust, damages and compensation up to pension age remaining on social security contributions, salaries, leaves, 36 percent interest and cost.
The plaintiff, according to the particulars of his claim, was at all material time working for the defendant as a supervisor at his department.
The particulars stated that on Saturday 29 December 2012, his service was terminated and that the termination letter which was issued to him alleged that he lacked respect for the existing rules and regulations of the hotel.
The claim further indicated that the plaintiff was alleged to have taken some salad from the buffet, and when it was brought to the attention of the sous chef, who informed the plaintiff, the plaintiff then shouted in front of the guests and wanted to start a fight.
The defendant, according to the claim, alleged that the plaintiff on 11 December 2012 was found eating some banana in the restaurant by the acting-general manager.
The claim indicated that the defendant again alleged that the plaintiff was giving information about the hotel to outsiders which were the result of his transfer from the Air View Restaurant to the hotel in October 2012, adding that the information made outsiders to interfere in the operations of the hotel.
The claim further stated that the defendant alleged that the plaintiff was taking films and selling it to the hotel.
The plaintiff, in his claim, stated that he sent a letter to the defendant, refuting all the allegations stated in the termination letter, adding that he requested the defendant to review the termination because the defendant had no valid reason to terminate his service, but to no avail.
The plaintiff continued claiming that he reported the matter to the Gambia Workers’
Sheriff Jobarteh further claimed that the matter was then reported to the Labour Department for redress, but the defendant wrote a letter to the Labour Commissioner for not attending a reconciliation meeting, and further stated in the letter that the plaintiff could go anywhere he like.
The case was then adjourned till 4 June 2013, for the plaintiff to tell the tribunal exactly what transpired between him and his former employer that warranted him to seek redress at the tribunal.
Garba Cham represented the plaintiff.