Nov 29, 2013, 10:24 AM
Seedy Cham, who dragged AB RENT A CAR for terminating his service wrongfully, on 10 February 2014 cross-examined the defendant’s witness, Lamin Touray, before Magistrate Jobarteh of the Kanifing Industrial Tribunal along with Mr Cole and Njie, panelists.
“When did you start working at the company?” Seedy asked.
“In March 2007,” Lamin Touray said.
“When did you give me an appointment letter?” enquired Seedy. “In 2009,” Touray replied. “Did I sign it?” asked Seedy.
“No,” answered Touray.
“Did I write the reason for not signing it?” Seedy inquired.
“The reason was given in June 2013. You complained to take the letter to the Labour Department. Since June 2013, you did not come back to me,” Touray said.
“After I refused to sign the appointment letter, did you give me an appointment letter?”asked Seedy.
“No,” Touray told the tribunal.
“Did you pay me my salary when I refused to sign the appointment letter?” inquired Seedy. “You were paid,” said Touray.
“You said I was stubborn. Can you prove it?” Seedy questioned.
“When you went on trips you should bring the car back to the office but you would not. Sometimes I would call you to bring the car to the office. Secondly, when you were on a trip you used to go with some money and you would spend it, thinking that I would not know what was happening. You feel that you are more important than your colleagues. There are times you put your own price to the company and you would insist that if you were not paid, you would not do the service,” answered Touray.
“Who was doing the VIP trips to Dakar?” Seedy asked.
“All the drivers,” said Touray.
“How much should you have paid me for the trip I refused to go to Dakar?” enquired Seedy.
“D1,500 is charged to our customers per day, out of which D650 is given to you and D150 is also added to your salary,” Touray replied.
“I put it to you that D950 was paid to us by the white man and D150 was added on it,” Seedy challenged.
“I am putting it to you that when I went on a trip to Dakar and came late to the office, it is because of the lateness of the ferry service,” said Seedy.
“You always report late at work,” Touray replied.
“What was my relationship with the customers I was working with?” asked Seedy.
“I never had any complaint from them,” Touray told the tribunal.
‘Why did the Labour officer come to the office before my suspension?” Seedy questioned. “It was on a Saturday. You and Garba went to see your boss at his home. It was on this day you started your complaint,” Touray answered.
“Before we went to my boss, who did we go to?” asked Seedy.
“I don’t know,” replied Touray.
“The second time we went to the company, who did we meet?” Seedy questioned.
“It is me,” replied Touray.
“What did you tell Garba?” Seedy enquired.
“I explained to him about your complaint,” said Touray.
“Why did you terminate my service before the end of the suspension period?” Seedy wanted to know.
“It was after the suspension,” said Touray.
At this juncture, the case was adjourned till 24 February 2014.