The Industrial Tribunal in Kanifing recently overruled the defendant’s counsel’s submission to dismiss a claim brought against the defendant Project Aid Third World.
The plaintiff, John Pereira, brought a legal action against his former employer (Project Aid Third World), claiming the recovery of D482, 146.56 for unlawful retirement of his services up to his retirement age.
The plaintiff also claimed D50, 000 as damages for breach of contract, cost, as well as interest.
However, when the hearing resumed, the defendant’s counsel made a submission for the tribunal to dismiss the plaintiff’s claim.
She told the tribunal that according to the plaintiff’s he filed the claim on 20 December 2011.
She said the plaintiff’s case should be dismissed because he could only bring the matter to court within six months after dismissal, but instead he brought it after ten months of his dismissal.
In response, the plaintiff told the tribunal that he was referred to the Social Security by the defendant to procure a document, stating that he could not get the said document on time, resulting to a delay of his claim.
The chairman of the tribunal however ruled in favour of hearing the plaintiff’s case.
At this juncture, hearing was adjourned till 27 February 2012.
According to the plaintiff’s particulars of claim, he was employed on 1 February 2010 and was forcefully given a retirement letter on 28 February 2011, which was not due.
The plaintiff also stated in his particulars of claim that he was at 46, noting that according to the laws of The Gambia, the retirement age is 60 years and that he could work for another 14 years.
He also claimed that he had no job and that his Social Security was not paid.
