In Pap Saine Case
Mar 31, 2009, 6:25 AM
Fadera sued his former employer, Coco Ocean, to the Industrial Tribunal for wrongful dismissal.
The plaintiff, Lamin Fadera, claimed the recovery of D200,000 being the amount due for unlawful dismissal and damage for breach of contract.
Interest of 25 per cent was also claimed by the plaintiff and costs.
When the case was called, the defendant’s counsel told the tribunal that judgment was entered in the case and award was made against the defendant.
She noted that the case was concluded by this tribunal and the plaintiff filed a motion, asking for a review of his case.
Asked by the chairman of the tribunal, Magistrate Jallow, whether he was represented during the trial, the plaintiff replied in the positive.
Asked what he wanted to tell the tribunal, the plaintiff said he was not satisfied with the decision with the amount awarded to him.
“I worked for seven years and my employer should not have terminated my service unlawfully,” said the plaintiff.
He adduced that he was only given a month notice, and that the defendant should pay his service.
Counsel replied that the defendant had filed an affidavit of motion and the defendant was relying on the entire paragraphs, particularly page five where the tribunal ruled that the plaintiff was wrongfully dismissed.
According to her, the notice period was not complied with as the defendant only paid one month’s salary instead of two months.
She noted that the tribunal entered judgment and asked the defendant to pay extra one month as guaranteed.
She further revealed that the tribunal based its decision on two high court authorities, regarding what the plaintiff was claiming.
Counsel urged the tribunal to dismiss the plaintiff’s claim.
Hearing was adjourned for ruling till 12 September 2012.