The plaintiff, Alhagie Y. Faal, by a writ of summons issued on 4 April 2012, pleaded against Access Bank the sum of One Million Dalasis (1,000,000) as damages for unlawful termination of his employment, the sum of Two Million Dalasis (2,000,000) for Access Premier Plus created by him and used by Access Bank as a product without paying for it.
The plaintiff further claimed the sum of Five Hundred Thousand Dalasis (500,000) being loss of earrings from 2009 to 2012 as a senior manager had the defendant not breached their policy on promotion in respect of him, the sum of One Million Five Hundred Thousand Dalasis (1,500,000) for the continuous use of his name and profile in the defendant's Western Union Agent Portal.
The plaintiff further claimed that the vehicle BJL 0133H Hyundai 2011 I×35 model has been the official car given to him as a benefit in kind whilst acting as a manager or its cost which is D900,000, and also interest at the rate of 28% per annum from date of termination to date of judgment.
The court cited the provision of the Labour Act, section 89(1) which deals with an applicable dismissal of an employee and not termination of the contract of employment and held that the issue to the effect that the plaintiff's employment contract was lawfully terminated.
The court alluded to the plaintiff’s claims on the D2,000,000 for the Access Premier Plus and stated that it was without any legal basis as there was no proof that he was entitled to the said amount.
“It is a fact that the creation of this product by the plaintiff thus used the defendant's resources, and use other members of staff of the defendant,” the court stated. “There is no evidence that the plaintiff registered any proprietary interest in the said Access Premier Plus and there was no agreement he entered with the plaintiff to be paid anything for his role in the development of the product beyond his salary.”
Justice Jaiteh stated that the plaintiff was not entitled to the payment of D2,000,000 for the said Access Premier Plus because it belongs to the Access Bank.
The court also stated that promotion was a privilege and not a right and there was no term in the plaintiff's employment that imposes a binding legal obligation on the defendant to promote the plaintiff contrary to the operational needs of the defendant and in the absence of any vacancies.
The court also stated that the Access Bank Staff Handbook clearly provides that: "Promotion shall be subject to available vacancies within the bank, based strictly on merit and in line with approved career paths."
the court delivered that the plaintiff has not proved any term of his contract of employment that entitles him to D500,000 and the sum of D1,500,000 for continuous use of the plaintiff's name and profit in the defendant's Western Union Agent Portal, adding that Alhagie Y. Faal has not given any evidence to support his claim or has not proved his entitlement to the amount.
He said the plaintiff did not also prove any term of his contract of employment which entitles him to the vehicle BJL 0133 H Hyundai 2011 1X35 model given to him as his official car whilst acting as a manager in the defendant’s employment.
Presiding Judge, Justice E. Jaiteh regarded the totality of the evidence placed before the court and said that the plaintiff was not entitled to the award of any of the reliefs against Access Bank and further dismissed his claims and each party was to bear their own cost.
