Magistrate
Jobarteh, chairman of the Kanifing Industrial Tribunal, along with his
panelists, Davies and Cole, on 6 August 2013, heard the evidence of one Musa
Fatty, who sued his former employer, Lucky Palace, along with his colleagues,
for terminating their services.
Musa Fatty told the tribunal that he lives at Manjai Kunda and was a supervisor at a casino, adding that he had been in the employment of another company since last November 2012.
He testified that he worked for Lucky Palace for eleven years six months, further stating that the defendant terminated his services without paying his terminal benefits along with ten of his colleagues.
He said Kejaw Manneh, Modou Sowe, Dembo Kanteh, Adama Jarju, Abubacarr Nyelenkeh, Alieu Bah, John Paul Corea, Aminata Jawo, Fatou Sanyang, and Mariama Dampha were his colleagues, adding that he was testifying on their behalf.
Musa Fatty stated that at work, he was the senior man of his colleagues, further narrating that they believed that he could speak on their behalf.
He adduced that they were all terminated and that on 29 June 2012, they were called by their former boss, the MD, who said he was terminating their services because business was not doing well.
He said they were given letters by the MD to sign.
At that juncture, their counsel, E. Jah, applied to the tribunal to adjourn the case so he could tender all the termination letters issued to the plaintiffs, all of which were not available.
Lawyer Mendy, who was representing the defendant, said she was applying to the tribunal to adjourn the case till October because she was travelling.
E. Jah rose and said that he had to cancel his holiday to be present, adding that the matter had taken a long time because the defendant said they wanted to settle the case out of court.
He stated that all of a sudden, they decided to proceed, having delayed the matter for a long time.
He told the tribunal that just because the High Court had to close during the vacation did not mean cases that were before the subordinate courts had to be delayed, adding that going to the subordinate courts was for matters to proceed.
“It is trite law that justice delayed is justice denied,” he said, adding that counsel owe a duty.
He stated that the defence counsel could get someone to hold brief for her.
He urged the tribunal to adjourn the case to the next available date.
Lawyer Mendy replied that she was reminding E. Jah that failure to proceed with the matter was at the instance of the plaintiffs’ counsel, adding that E. Jah had not read the records of the court.
She stated that both parties intended to settle the matter.
She argued that it was not E. Jah who should tell her to find someone to hold brief for her.
She said she would not disclose why she was travelling, adding that E. Jah did not give any grounds not to adjourn the case to October.
“There is no delay in justice,” she told the tribunal.
E. Jah then said he was asking for a cost of D11,000 if the case was going to be adjourned till October.
Lawyer Mendy rose and said the adjournment was at the instance of the plaintiffs’ counsel.
The case was adjourned till today for ruling.
