Jan 29, 2013, 9:59 AM
The Industrial Tribunal at the Kanifing Magistrates’ Court recently dismissed a wrongful dismissal claim brought by the plaintiff, Mariama Jatta, against the defendant, Izabella Maiksousz.
The plaintiff’s claim was for the recovery of D50,846.15 being service rendered to the defendant as a cleaner in her compound, unlawful termination of her contract and damages.
She also claimed an interest of 25 per cent.
In his judgment, the chairman of the Industrial Tribunal went through the testimonies of both parties adduced before the tribunal.
The tribunal chairman stated that the plaintiff, in her testimony, adduced that she worked for the defendant at her restaurant, Hungarian Restaurant and when the hotel was closed, she then continued to work for her at home.
He added that the plaintiff said the defendant refused to give her chance to plait her hair and when she wanted to leave, the defendant told her to think what she paid her for and she then replied that she did not care to do a job of lesser pay.
However, the chairman said there was evidence from both parties that the defendant cautioned the plaintiff to think over her action before deciding to leave.
According to him, the defendant tried to bring the plaintiff two weeks later by calling her on the phone after an intervention of the plaintiff’s family friend, one Mr Sey.
The tribunal chairman said further that the defendant told the tribunal that the plaintiff promised to come but failed to do so.
“This evidence was not contradicted by the plaintiff, supposed it was true,” said chairman Ngube, who also told the court that the contract of the plaintiff was not divisible.
“On the evidence before the court, I come to the conclusion that the plaintiff walked away from her employment and cannot turn around to claim unlawful dismissal,” the tribunal chairman stated.
He therefore awarded the plaintiff the salary of January 2010 that the defendant owed her, adding that her claims were without merit and was dismissed.