Feb 21, 2011, 12:17 PM
The Industrial Tribunal of the Kanifing Magistrates' Court recently dismissed a suit filed by one FaKebba Jabang, the plaintiff, against Gacem Ltd.
Mr Jabang instituted a suit claiming wrongful termination of his services by the defendant, damages of D500,000 and cost.
In his judgment, the chairman of the Tribunal, Magistrate Ngube, told the court that the plaintiff gave evidence on his own behalf and called no witness.
He narrated that the defendant was represented by one Cashman Fernando, finance manager of the defendant.
According to him, the witness told the court that the plaintiff was invited to a hearing that took place and his service was terminated by a letter, which was admitted as exhibit A1.
He told the tribunal that there was an indication in the said letter that the plaintiff refused to take the cheque offered by the defendant.
He said the witness asserted that the defendant decided to deposit the money of D23,465 into the plaintiff's account.
After summarizing the testimonies of both parties, the chairman of the Industrial Tribunal adduced that the defendant acknowledged in the letter of termination that there might be accrued overtime that had not been paid.
"As there is no evidence that they have been paid, defendant is deemed to owe plaintiff the said accrued overtime," Magistrate Ngube told the tribunal.
He further noted: "We hold that plaintiff's contract was not wrongfully terminated and the defendant is not liable to plaintiff as claimed."
He adduced that the plaintiff's claim were accordingly dismissed.
He however ordered the defendant to calculate all accrued overtime due to the plaintiff and pay him immediately.
"There is no order as to cost," he concluded.