Apr 29, 2009, 10:15 AM
Sankung Sillah and Sons factory has been dragged to the Industrial Tribunal by one of its former employees, Malamin Badjie, who is claiming the sum of D600,000 as damages for unlawful termination of his employment contract.
Malamin Badjie the plaintiff is also claiming interest at the rate of 25% per annum from 4th July 2009 to the date of judgment and thereafter payment at the rate of 4% to the date of payment plus cost.
In his particulars of claim, Mr. Badjie indicated that on the 16th October 1995, the defendant employed him first as a trainee soap cook and after 3 months probation his employment was confirmed as a soap cook.
He further claimed that subsequent to an accident caused at the defendant's factory on the 19th July 1997, in which he was injured, the defendant employed him (the plaintiff) as a plumber. The claim went on to state that the salary attached to the plaintiff's position was initially D350 per month.
The plaintiff continued to claim that it was a term of his employment that the defendant will pay 10% of his salary to the Social Security and Housing Finance Corporation as contribution for his benefits.
The particulars of claim further indicated that it was a further term of the said employment that the Labour Act will govern the plaintiff’s relationship with the defendant.
He claimed that on the 4th July 2009, he reported for work and was handed a letter from the defendant and asked to sign, which the plaintiff refused to do unless the content was read to him in a language he understands, since he is illiterate.
Malaimin Badjie further stated that the defendant, however, refused to read the said letter to him, but instead forcefully evicted him from his factory, where he worked.
On the 7th July 2009, the plaintiff continued, he again reported to work at the said factory but was refused access into the premises to carry out his duties, in consequence of which he wrote to the defendant brining to their attention their effectual or implied termination of his contract of employment with them, and that he received no response.
Badjie finally claimed that, at the time of his dismissal, he was 36 years old and was in receipt of a basic monthly income of D1900 plus transport allowance.
He was represented by Lawyer Mendy.