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Momodou
Denmark
11742 Posts |
 Posted - 05 Jul 2010 : 17:28:18
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NAMs concerned about workers' plight
By Alieu O. Jabang
Monday, July 05, 2010
 Picture: Hon. Fabakary Tombong Jatta
Gambian lawmakers expressed concern about the plight of Gambian workers, especially those in the private sector, during the adjournment motion debate in the National Assembly meeting in Banjul recently.
The first to express concern was Hon. Fabakary Tombong Jatta, the Majority Leader and member for Serekunda East during the debate in Banjul last Wednesday.
"Madam Speaker, I have a concern and I have mentioned it in one of the debates we had. Over the period, my office has been loaded with complaints from various workers, especially in the private sector. And various Assembly members have come up with complaints of workers," he added.
The Majority Leader said there should be equality of treatment and opportunity in employment.
As people's representatives, he said, "we are not to administer justice; we are not a court of law, but we are an oversight institution, and we should put a break to abuse of power or cheating people in this country."
The MP cited the 2007 Labour Act, whose provisions, according to him, are not being respected. "We have heard of people employed for years without documentation, without a letter and with no terms of reference."
It is stated in the Labour Act that the employee must be given a contract letter, which shall include all the terms of references before the commencement of the employment, Hon. Tombong Jatta added.
This will not only help the employee, but equally the employer, since it will ensure that neither the employer nor the employee is cheated or maltreated, he continued.
According to the Majority Leader, there are a lot of private enterprises that maltreat Gambian workers.He expressed his dismay that the Lawyer for Atlantic Sea Food wrote to question the ability National Assembly looking into the issue.
"And the Tourism Committee in the National Assembly took it upon themselves to seek legal advice from the Attorney General's Chambers. And I have been reliably informed that it is within their purview. We are to look into every matter that affect the public and people of this country and make necessary recommendations.
"What has happened, Honourable Speaker, is that workers have been employed, maltreated, not given documentation, send on leave without pay, banners put on the door no entry, new employees come in, sometimes mostly 90% I am told are foreigners, just to get cheap labour at the expense of the Gambian people. And the institution of the Department of Labour is to collaborate and ensure that Gambian workers and employers are protected," he stated.
He added: "We have seen that we cannot continue to look, watch and see employees being maltreated or employers themselves being cheated.
To this end, I challenged the relevant Committees to make sure that the line ministry of Trade and Employment together with the Labour Commissioners are brought in to be questioned on what are the problems. Accepting Gambian workers, unskilled workers, some semi-skilled some skilled who had been going up and down at various levels to no avail."
The Deputy Speaker, Abdoulie Bojang, Ebrima Jammeh of Foni Bintang, Mama Kandeh of Jimara, Kebba Gaye of Jokadu, Malafi Jammeh of Bakau, Babanding K.K. Daffeh and Sidia Jatta among others all contributed to the debate condemning all sorts of maltreatment on Gambian workers in both the private and public sectors.
Justifying his point further, Honorable Mama Kandeh adduced that he personally took a case to the Labour Department.
Source: The Point Online
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Moe
USA
2326 Posts |
Posted - 05 Jul 2010 : 23:22:44
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This is exactly why I tell you that you have no knowledge of Politics or laws. None of ya'll apart from the the poster is aware of the ground breaking events taking place within our society. Most of ya'll don't even understand what this means and what it could lead to no wonder ya'll worried about "something that happened or did'nt". I think it's time to give your Nams and representatives the props they deserve.
Meanwhile I have to do the moon walk to catch up with ya'll since ya'll so far behind and just uninformed. I got tired of looking at my rear view mirror and discussing issues with ignorant fools taking from and raping their women should I say Pillaging. I am buster free and ya'll have given me a reason to be the last bombocloth breathing in cyberspace best believe that . My goal is to accomplish my mission whilst the competition is still lurking behind and discussing issues they have no clue about. All I have to say to each and every one of you complacent writers is don't let the Ruler of cyberspace catch you slipping.
Its funny that ya'll spent 16 years screaming rampant FIRING and HIRING, Unfair treatment. Nepotism ,Tribalism and all of the above not even having a clue as to what it could take to solve these issues and ensure every Gambian is treated fairly. I have chosen to be the epitome of politics and the heart beat of the Nation and this I know will create out cry from the tribalist and unrealistic disbelievers.
I will remain the undeserving guy never heard of but the exception! the epitome of adaption. Don't be surprised its the superficial nature of our surroundings. I know where I dwell and I can assure you the ecstatic amongst us hope and pray I fail in my venture but rest assured you dealing with the real deal "Bullet Proof". I was raised by the streets and I owe my allegiances to the streets meaning the people so you under cover players are not even playing on the same league.
Getting back to what the Honorable Nam elaborated on regarding unfair treatment and other factors affecting the Civil service and the government at Large. The only solution is to enact acts and laws that will protect the right of every Gambian worker. Establishing a governing body by the Government that can investigate all complaints by employees and enforce the Law sort of like an enforcement body. In American all Americans are protected by the civil rights act title VII, discrimination acts, and age and race discrimination acts, etc to address a changing and evolving society. Establishing an Equal Employment Opportunity Commission in the Gambian can help ensure Gambian workers in general are not subjected to discriminatory practices such as unnecessary firing and hirings, retaliations, unfair treatment, labor laws, etc.
The instance an employee is harassed or fired he/she can report their complaints to the Commission which in turn has to investigate every single complaint and issue a statement regarding the complaint. In America if the EEOC finds beyond reasonable doubt that the individual has been discriminated against the EEOC provides its own lawyers to sue the employer for unfair treatment and either have you compensated or reinstated or a combination of both. most of the time employees choose to be settled rather than return to the employer if the findings are overwhelming discriminatory or the employee just does not feel like going back to work due to so many factors.
Even with baseless charges as long as the complaints are filed within a specified time, all the EEOC can do is refuse to accept and investigate it yet you are still allowed to foot your own attorney fees and sue on your own. By law, the EEOC must accept the filing of a charge, and employees have the unfettered right to file charges no matter how weak the claim.
Once a charge is filed, the EEOC will begin its investigation, and the burden shifts to the employer to explain what happened. After the charges are filed, the employer will receive notice from the EEOC, a copy of the charge, and instructions on what its responsibilities are and also demanding for more information regarding the case, complaints documents etc. Always make sure your complaints are in writing at your employer by the way. This is exactly what your Representatives want similar to their achievement of an independent electoral commission.
we already have a labor act in place the rest will be history and This can help guarantee the status of every employee. Making sure that not a single Gambian can hold a job without a Tin number is just as Important. The State is loosing out on much need income from employees working under the table either as vendors or watchmen , house labor and other jobs and these employees have no benefits coming to them after retirement either way it's a disadvantage from both ends. I will probably finish up with this speciifc topic due to it's validity and importance whilst the competition is busy trying to size me up . Meanwhile if the term "Rubber stamp" is appealing to you or just due to your limited vocabularies I will stamp it out of your mouths for sure ..............................................................................Peace
http://www.eeoc.gov/
http://www.hrhero.com/topics/eeoc.html
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
Edited by - Moe on 06 Jul 2010 00:27:59 |
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kayjatta
2978 Posts |
Posted - 06 Jul 2010 : 07:41:57
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Quite impressive Moe! I have to add that:
1. Gambian (employment law) attorneys should consider taking some of these employment discriminations and unfair treatments at the workplace on a contingency basis. That is no legal fees until the employee (plaintiff) wins the case wherein the attorney is paid 1/3 of the damages (money paid). This helps protect employee rights, because many employees will not sue out of lack of money to retain an attorney and pay upfront.
2. Gambian employers must reserve the right to hire and fire their employees as they deem necessary, of course within the law, without regards to national origin. This protects the employers' right to maximize profits which in turn benefits the whole society in terms of increased prosperity.
If the Gambia doesn't have minimum wage, they should consider creating that. Minimum wage, among other things, controls rampant hiring and firing (especially of unskilled workers) by employers purely to save on wages.
My last word is that the government itself is not setting a good example for the private industry. Remember the young lady who complained about sexual harassment and discrimination (bypassed for promotions) against her bosses at a government department? Instead of the government investigate her allegations, she was arrested (instead of her accused bosses who allegedly favored, for promotions and other benefits, those girls who give them sexual favors) and charged for "lying to govt. officials". Where was my uncle, Fabakary Tombong Jatta then???
Perhaps Momodou can pull that case from the archives... |
Edited by - kayjatta on 06 Jul 2010 07:54:11 |
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Momodou
Denmark
11742 Posts |
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kayjatta
2978 Posts |
Posted - 06 Jul 2010 : 08:47:20
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| Thank you Momodou!!! |
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Moe
USA
2326 Posts |
Posted - 06 Jul 2010 : 09:11:12
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| The only problem with this case is that her allegations where not in relations to her claim kayjatta. After all what she did was indeed criminal. In order to file a successful claim it has to be in writing that the supposed harassment was unwelcome. The responsible party has to be notified of his actions and made aware that it is not acceptable. If it continues then it can be escalated. None of this was present in this scenario as a matter of fact she decided to use hearsay or might I say slandering other employees and accusing them of having sex as in the case of Veronica Carayol and Assiatou Kora none of which can be substantiated. In order to file a suit claiming discrimination and using other parties similar complains have to already been filed and their willingness to testify none of which was present in this case. She actually decided to break the law by lying and giving out false statements addressed and copied to the President. Her case was a totally different scenario and an HR worst nightmare. This is "A" typical of individuals out to undermine a whole institution just because she probably was not promoted for several reasons including her work ethics and education. Put it this way I can't say Kayjatta had sex with anyone unless Kayjatta testifies that it actually took place and it was unwanted and that it is also on record. That was not the case here Kay unfortunately what she did warranted arrest due to the parties involved. An EEOC commission would have identified such instances and addressed it according but unfortunately it was non existent. She is a total mess if you ask me and if the allegations were true to a certain extent. The evidence was lacking , she seems and acted like a disgruntled employee expecting a promotion but was over looked[:)................................................................Peace |
I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
Edited by - Moe on 06 Jul 2010 09:15:12 |
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kayjatta
2978 Posts |
Posted - 06 Jul 2010 : 09:41:09
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As far as I know, she did not file a lawsuit yet. She only complained to the appropriate authorities. Since the matter is not in court yet, the rules of evidence do not apply. Therefore the heresay rule doesn't apply either.
An administrative compaint is different from a legal complaint. C'mon Moe, you got a better degree than the Chairman's Russian stuff. It is important that employee complaints are taken seriously and that the said employees are proteceted for the sake of accountability and fairness. This also prevents future legal problems.
There are two main reasons why this lady should be hailed courageous and patriotic:
1. The whistle blower doctrine requires that if she suspects wrong doing at a public workplace, she should report it to the appropriate authorities. Mere suspicion is enough, hard facts are not necessary. Consider the woman who called police for burglary when she saw a Black professor jumping into his own home. Was that lying to govt. officials?
2. Discrimination: any conduct or behavior of any two or group of people at the workplace that disproportionately affect her negatively warrants her intervention by reporting it to the appropriate authority or taking legal action.
lastly, unless Gambian workers are protected by law to report suspicions of wrong doing either to themselves or to others without the fear of reprisal, corruption,nepotism, sexual harassment, intimidation and impunity, will continue to exist... |
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Moe
USA
2326 Posts |
Posted - 06 Jul 2010 : 09:44:57
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Kayjatta seven other charges were applied she was later discharged if I remember right. You can search the archives of the Source, The point newspaper.I am telling you what would have applied in american . You cannot file a suit based on some else's experience Kayjatta. Its not only hear say but slander can she proof beyond reasonable doubt that the affairs even if they took place were not welcomed or that quite possible they were all screwing. What matters is that She never claimed that she was harassed, she kinda knows about sexual harassment but very uneducated about what it requires to file a suit Kay. No C'mon Moe it's more like C'mon Kayjatta. I will repeat this again you cannot file a suit based on someone else's experience which they are unwilling to testify that it even occured. Take this to any Bank even on sundays ,Trust me its a good check......................................Peace
"What is respondeat superior?
Respondeat superior is Latin for "Let the superior make answer." It is the legal doctrine that holds that an employer is responsible for an employee's wrongful conduct committed within the scope of their employment.
In cases of sexual harassment, this is very important. Employers are liable for sexual harassment committed by employees if the employer did not exercise reasonable care to prevent the harassment. Thus, part of proving the prima facie case for hostile work environment includes showing that the conduct was within the scope of the harasser's employment, making your employer company liable for the harassment under the doctrine of respondeat superior.
Can I show that my employer knew what was going on?
(1) File a complaint with your employer when any sexual harassment occurs. You should take advantage of any complaint procedures your employer offers.
(2) Inform the harasser directly that you want him or her to stop and will pursue further action if he or she does not.
(3) Keep records of all incidents with names and dates, and keep your supervisor or human resources representative aware of any incidents you feel constitute sexual harassment."
http://thepoint.gm/africa/gambia/article/more-charges-for-former-gra-employee
http://www.dotcr.ost.dot.gov/Documents/complaint/Preventing_Sexual_Harassment.htm
http://www.wageproject.org/files/MS_harass.php
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
Edited by - Moe on 06 Jul 2010 10:10:37 |
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kayjatta
2978 Posts |
Posted - 06 Jul 2010 : 10:12:41
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Moe it is not about "filing a suit". She didn't file any suit. The govt. sued her for "lying to govt. officials". This woman didn't file a complaint to the court. She complaint to the ncivil service administration. Therefore, her statements are not bound by the court's rules of evidence. The heresay rule is not applicable here. The "heresay rule" is a rule of evidence that applies when testifying in a court of law.
The "whistle blower" doctrine is to alert autorities about possible offences so that action can be taken.
In an employment duscrimination or harassment case, you can complain or report abuses that happen to others for action to be taken without any reprisals against you.
The purpose of this is the recognition that most abuse victims do not complain because of the fear of reprisal, losing their job, or the social stigma. |
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Moe
USA
2326 Posts |
Posted - 06 Jul 2010 : 10:15:21
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No thats where you have it wrong it's the accusations that were unfounded and lacked Merit do your home work and access atleast one of the hyperlinks I provided I am not here for futile lectures or unnecessary arguments. What she did wrong you are failing to acknowledge................................Peace
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
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kayjatta
2978 Posts |
Posted - 06 Jul 2010 : 10:42:30
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1. She shouldn't have been in court in the first place.
2. The criminal offense of "lying to govt. officials" is against transparency and accountability. It is putting employees in a box where they are scared of complaining against abuse of either themselves or others.
3. This case is not about the merit or de-merit of her accusations. It just calls for an investigation into the allegations, not her prosecution, because those employees who gave sexual favors to the bosses in return for promotions and other benefits are not going to testify against their bosses in court. They will only tell the truth to an independent investigator after assurances of job security, protection from reprisal, perhaps a job transfer, and after educating them about the public interest in combating workplace gender abuse and harassment.
4. Why are the people who compalined to Fabakary T. Jatta not brought to court for "lying to a public official"? Are there accusations investigated? Who investigated their accusations?
5. When the govt. is the abuser, nobody talks. When the private sector is the abuser, everybody suddenly talks.
6. Look at the skyrocketting prices of commodities nicely blamed on businessmen hoarding commodities. The govt's mismanagement and the collapse of Jammeh "World Bank" ( drug trade-thanks to Jesus) is all brushed under the carpet. Don't you think at some point someone needs to tell the truth, Moe? |
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kayjatta
2978 Posts |
Posted - 06 Jul 2010 : 11:21:22
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quote:
Originally posted by Moe
Kayjatta seven other charges were applied she was later discharged if I remember right. You can search the archives of the Source, The point newspaper.I am telling you what would have applied in american . You cannot file a suit based on some else's experience Kayjatta. Its not only hear say but slander can she proof beyond reasonable doubt that the affairs even if they took place were not welcomed or that quite possible they were all screwing. What matters is that She never claimed that she was harassed, she kinda knows about sexual harassment but very uneducated about what it requires to file a suit Kay. No C'mon Moe it's more like C'mon Kayjatta. I will repeat this again you cannot file a suit based on someone else's experience which they are unwilling to testify that it even occured. Take this to any Bank even on sundays ,Trust me its a good check......................................Peace
"What is respondeat superior?
Respondeat superior is Latin for "Let the superior make answer." It is the legal doctrine that holds that an employer is responsible for an employee's wrongful conduct committed within the scope of their employment.
In cases of sexual harassment, this is very important. Employers are liable for sexual harassment committed by employees if the employer did not exercise reasonable care to prevent the harassment. Thus, part of proving the prima facie case for hostile work environment includes showing that the conduct was within the scope of the harasser's employment, making your employer company liable for the harassment under the doctrine of respondeat superior.
Can I show that my employer knew what was going on?
(1) File a complaint with your employer when any sexual harassment occurs. You should take advantage of any complaint procedures your employer offers.
(2) Inform the harasser directly that you want him or her to stop and will pursue further action if he or she does not.
(3) Keep records of all incidents with names and dates, and keep your supervisor or human resources representative aware of any incidents you feel constitute sexual harassment."
http://thepoint.gm/africa/gambia/article/more-charges-for-former-gra-employee
http://www.dotcr.ost.dot.gov/Documents/complaint/Preventing_Sexual_Harassment.htm
http://www.wageproject.org/files/MS_harass.php
I see you have a good idea of "respondeat superior". It simply means "let the master respond". It is a tort law doctrine, that enables the aggrieved party to collect from the one with the deep pocket, the so-called master who has the money and can pay. The employer in this case.
Usually, the initial pleading (that is the complaint) will mention both parties as defendants.
Caveat: Kayjatta is not an attorney and has no legal qualifications... |
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toubab1020
12312 Posts |
Posted - 06 Jul 2010 : 15:00:56
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KAY.,you write:" see you have a good idea of "respondeat superior". It simply means "let the master respond". It is a tort law doctrine, that enables the aggrieved party to collect from the one with the deep pocket, the so-called master who has the money and can pay. The employer in this case.
Usually, the initial pleading (that is the complaint) will mention both parties as defendants."
Or put another way ,in simple terms of course  " you can't get blood out of a stone"  i.e. if there is no money there is no point in litigation
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 06 Jul 2010 15:02:07 |
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kayjatta
2978 Posts |
Posted - 06 Jul 2010 : 22:40:03
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| That appears very correct in civil law. In criminal law, not quite. |
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Moe
USA
2326 Posts |
Posted - 07 Jul 2010 : 01:56:42
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I hope you just been drinking too much , seriously Kayjatta do you actually believe evrything you just typed . I will give you one chance to research all the facts regarding her complaint , the charges etc. Then you can come back and tell me if you believe everything you just typed up . If I address you right now I just might end up insulting you even though you know I like you alot. Do me a favor research before you open your DAA BAA please. If you think what you wrote will suffice get ready then. You have 12 hours.............................Peacequote:
Originally posted by kayjatta
1. She shouldn't have been in court in the first place.
2. The criminal offense of "lying to govt. officials" is against transparency and accountability. It is putting employees in a box where they are scared of complaining against abuse of either themselves or others.
3. This case is not about the merit or de-merit of her accusations. It just calls for an investigation into the allegations, not her prosecution, because those employees who gave sexual favors to the bosses in return for promotions and other benefits are not going to testify against their bosses in court. They will only tell the truth to an independent investigator after assurances of job security, protection from reprisal, perhaps a job transfer, and after educating them about the public interest in combating workplace gender abuse and harassment.
4. Why are the people who compalined to Fabakary T. Jatta not brought to court for "lying to a public official"? Are there accusations investigated? Who investigated their accusations?
5. When the govt. is the abuser, nobody talks. When the private sector is the abuser, everybody suddenly talks.
6. Look at the skyrocketting prices of commodities nicely blamed on businessmen hoarding commodities. The govt's mismanagement and the collapse of Jammeh "World Bank" ( drug trade-thanks to Jesus) is all brushed under the carpet. Don't you think at some point someone needs to tell the truth, Moe?
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
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kayjatta
2978 Posts |
Posted - 07 Jul 2010 : 07:27:19
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"Patron on the rocks with a little bit of lime"! I believe in evey word I said, trust me.
Did you say "you like me a lot"? Oh please, I'm married Moe . Do not even give Concort another chance to call me names, please  .
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