Jan 17, 2020, 12:07 PM
Senegambia Beach Hotel was on 25 June 2013, dragged to the Kanifing Industrial Tribunal by its former employee, Abdoulie Jallow, for the recovery of D98,000 being two months in lieu of notice and six months redundancy allowance.
Magistrate Jobarteh, who was assisted by his panelists, presided over the case.
When the case was mentioned, Garba Cham stood up and told the tribunal he was representing the plaintiff, Abdoulie Jallow.
Lawyer Cox announced her representation for the hotel and denied liability.
According to the particulars of claim of the plaintiff, he was at all material time working for the defendant as a pizzeria chef and he signed a contract for one year, from 1 December 2012 to 30 November 2013.
The particulars of claim indicated that on 30 April 2013, the plaintiff’s contract of employment was terminated.
The plaintiff stated in his claim that the defendant indicated in the termination letter that his service was terminated due to the low season and the reduction in number of guests.
According to the termination letter, the plaintiff claimed he was to be paid one month’s salary in lieu of notice and 21 days annual leave entitlement, since his termination was a breach of contract.
Abdoulie Jallow further claimed that the matter was reported to the Labour Department for redress, due to the plaintiff’s contract of employment on a specific period of time to be paid on breach of contract.
The plaintiff stated in his claim that the Labour Department wrote to the defendant to attend a meeting on the matter but the defendant failed to attend the meeting and the defendant’s counsel replied to the Labour Department justifying the termination.
Mr Jallow further claimed that the defendant maintained in their letter that he should be paid one month’s salary in lieu of notice.
The plaintiff claimed that his representative, Garba Cham, met the management of the hotel to resolve the matter amicably, and recommended that the plaintiff should be either paid for breach of contract or be paid six months’ notice and six month’s redundancy allowance due to low season and reduction in number of guests.
The plaintiff stated in his claim that because Garba Cham had recommended this to the management of the hotel, the defendant reported him to their counsel who replied to the letter of the Labour Department.
Abdoulie Jallow further claimed that Garba Cham tried to get in touch with the defendant’s counsel on the phone but to no avail, and he therefore decided to take his case to the Kanifing Industrial Tribunal for redress.
The case was adjourned till 9 July 2013, for Magistrate Jobarteh, chairman of the tribunal and his team of panelists to listen to plaintiff Abdoulie Jallow present his case.