Yankuba Jallow, former employee of T.K. Motors, dragged T.K. Motors and Tarik Musa, first and second defendants, to the Kanifing Industrial Tribunal for wrongful termination of his service.
The plaintiff, Yankuba Jallow, is claiming the sum of D12,000 for six months’ notice for unlawful termination.
He also claimed damages in the sum of D10,000 for inconvenience the defendants caused the plaintiff since 2002.
He further claimed costs and interest at the rate of 25 per cent.
According to the particulars of claim, the plaintiff was employed by the defendants on 1 August 2002 and was unlawfully terminated on 31 August 2012.
He claimed that the defendant employed him as a security guard at his residence at Kerr Sering.
The plaintiff stated in his claim that the defendant never lodged a complaint or any inconvenience pertaining to the plaintiff’s job at his residence.
He further claimed that the defendants paid him his last month salary (August 2012), asked the plaintiff to leave the job and said his service was no longer needed.
The plaintiff claimed that the defendants had no valid reasons for unlawfully terminating his service.
Lawyer S. Gaye, the defendant’s counsel, rose to announce that he was representing T.K. Motors, the first defendant, and further informed the tribunal that they were denying liability.
He told the tribunal that he was raising a preliminary objection.
He argued that there was no entity in law called T.K. Motors, adding that the suit was not properly constituted, especially against the first defendant.
He applied to the tribunal to strike out the suit until it was properly filed.
The plaintiff responded that the 2nd defendant, Tarik Musa, employed him and that was the one he sued.
He said he was asked where he was working and he told the registrar that he was working at T.K. Motors.
He said he intended to sue Tarik Musa and not T.K. Motors.
Magistrate Dawda Jallow ruled that the objection raised by the defendant’s counsel was upheld and the first defendant, T.K. Motors, was deleted from the suit.
The plaintiff was advised to serve the second defendant, Tarik Musa.
The case was adjourned to 23 October 2012, for hearing.
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