By Kebba Jeffang
Kanifing Industrial Tribunal on Wednesday, 17th February, 2016 gave the Africa Muslim Agency until March 9th to either come to terms with Modou Lamin Bojang, a former employee and the plaintiff, in an out of court settlement or else the matter will be set for judgment.
This ruling came when the counsel for the defendant made an application for the court to defer the judgment on that day for the out of court settlement. She said this will provide both parties an opportunity to negotiate and come to terms in the interest of both parties without court involvement.
However, Mr. Ebrima Garba Cham from the Labour Union, who is representing the plaintiff, told the tribunal that the defendant has always been trying that method and that they never came to terms. He said the case in particular has been ongoing for a long time and the plaintiff should know his fate by now. He therefore urged the tribunal to overrule the application.
Meanwhile, the three person tribunal, presided over by Chairperson Isatou Janneh, upheld the application made by the representative of Africa Muslim Agency. She further ruled that if the two parties failed to meet on terms by the next adjourned date, the case will enter the tribunal judgment.
At this juncture, the matter was adjourned till 9th March, 2016.
The statement of claim of the plaintiff is seeking for the recovery from Africa Muslim Agency the sum of D20,160.00 being six months’ salary for unlawful termination, the recovery of the sum of D7,237.00 being 56 days leave arrears from 2009, 10 and 14, Cost and the 25% interest from the date of filing to the date of judgment.
According to the particulars of the claim, the plaintiff was at all material times working for the defendant as a driver for five years. In late July, 2014, the vehicle under his control got a breakdown and was taken to a garage for maintenance for almost three months. The vehicle was later given to a new driver. On the 1st of October, 2014, his service was terminated and he wrote a letter to the defendant about the reason for his termination and was told this was because he did not work for 3 months. He therefore reported the matter to the Labour Department after which a tripartite meeting was held and the defendant asked to pay the plaintiff six months for unlawful termination, leave arrears in 2009, 2010 and 2014 but to no avail. He therefore brought the matter to the tribunal to seek for redress.