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Plaintiff cries foul against AB RENT A CAR

Jul 31, 2013, 11:42 AM | Article By: Dawda Faye

Seedy Cham, who sued AB RENT A CAR at the Kanifing Industrial Tribunal for wrongful termination, on 29 July 2013 told the tribunal what transpired between him and his former employer that led to the termination of his service.

As he was being led by Garba Cham before Magistrate Jobarteh along with his panelists, Cole and Njie, the plaintiff, who said he is a driver, told the tribunal he lived at Kerr Sering.

Seedy Cham adduced that he was working for AB RENT A CAR and was not given a letter of employment at the beginning of his employment.

He said that after a service of 5 to 6 years, he was issued with an appointment letter and he worked for the company for 9 years.

Garba Cham applied to tender his employment letter and the defendant’s counsel, Salieu Taal, did not raise any objection.

The employment letter was admitted by the tribunal.

Seedy Cham narrated that he refused to sign the contract of employment because it did not indicate his benefits.

He said that Lamin Touray took over from Mike who first employed him, adding that Mike did not give him an employment letter.

He further stated that when he told Lamin Touray that he was being employed with no employment letter given to him, Lamin Touray contacted Mike and an employment letter was issued to him.

He said that when he realised there was no benefit for him in the employment letter, he went back to Lamin Touray and told him he would not sign the letter unless there were benefits for him indicated in the letter.

Seedy Cham said he wrote a letter stating the reasons for not signing the employment letter.

The said letter was tendered by Garba Cham and Lawyer Taal did not raise any objection. The tribunal admitted the letter.

The plaintiff said he continued his work and Yan and Luke called to tell him they wanted to take his picture.

He stated that he asked them why they wanted his picture and they told him they wanted to put it on a billboard, adding that he told them they had to pay him, and they agreed but he was not paid.

He adduced that Yan was sick the following year, and opposite the office on the highway, there was his picture on the billboard, adding that he went and changed their flyers around the hotels.

Seedy Cham said he went into the information desk and saw a travel port and his picture was put on it without his consent.

Documents containing his pictures were tendered by Garba Cham and the defendant’s counsel did not make any objection.

The documents were admitted by the tribunal.

He further stated that when he realised this, he called Mr Luke who asked him to wait for the members of the board to come.

Seedy Cham indicated that when the members of the board came in 2013, he wrote a claim and gave one to AB RENT A CAR and Travel Port, adding that he was suspended on 23 March 2013.

Garba Cham tendered the suspension letter and Lawyer Taal did not object. The tribunal admitted the letter.

He said the suspension letter was signed by one Mr Rene and he had nothing to do with Mr Rene.

He adduced that he photocopied the suspension letter and gave Labour Department a copy, adding that the defendant was invited to a meeting but they failed to attend it.

He said he did not know why the defendant failed to attend the meeting.

The plaintiff posited that on 5 June 2013, he went to the social security to find out whether the defendant was paying his provident fund contribution regularly, because the defendant never showed him a statement of his contribution.

Seedy Cham added that the social security gave him a letter of transfer and printed his statement and was informed that some of his contributions were not paid.

He said he took the letter and printout to the defendant and Lamin Touray signed the said letter.

At this juncture, the case was adjourned till 12 August 2013.