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toubab1020
12311 Posts |
 Posted - 23 Sep 2010 : 12:14:15
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This from the Point,it would appear that the health and safety issues are not being looked at here (does Gambia have any health and safety legislation that is effective ?)only loss of wages from the outline in the paper it seems that this man was given a salary of D350 .
http://thepoint.gm/africa/gambia/article/sankung-sillah-sons-faces-d600-000-claim
Sankung Sillah & Sons faces D600, 000 claim
africa » gambia
Wednesday, September 22, 2010
Sankung Sillah and Sons factory has been dragged to the Industrial Tribunal by one of its former employees, Malamin Badjie, who is claiming the sum of D600,000 as damages for unlawful termination of his employment contract.
Malamin Badjie the plaintiff is also claiming interest at the rate of 25% per annum from 4th July 2009 to the date of judgment and thereafter payment at the rate of 4% to the date of payment plus cost.
In his particulars of claim, Mr. Badjie indicated that on the 16th October 1995, the defendant employed him first as a trainee soap cook and after 3 months probation his employment was confirmed as a soap cook.
He further claimed that subsequent to an accident caused at the defendant's factory on the 19th July 1997, in which he was injured, the defendant employed him (the plaintiff) as a plumber. The claim went on to state that the salary attached to the plaintiff's position was initially D350 per month.
The plaintiff continued to claim that it was a term of his employment that the defendant will pay 10% of his salary to the Social Security and Housing Finance Corporation as contribution for his benefits.
The particulars of claim further indicated that it was a further term of the said employment that the Labour Act will govern the plaintiff#146;s relationship with the defendant.
He claimed that on the 4th July 2009, he reported for work and was handed a letter from the defendant and asked to sign, which the plaintiff refused to do unless the content was read to him in a language he understands, since he is illiterate.
Malaimin Badjie further stated that the defendant, however, refused to read the said letter to him, but instead forcefully evicted him from his factory, where he worked.
On the 7th July 2009, the plaintiff continued, he again reported to work at the said factory but was refused access into the premises to carry out his duties, in consequence of which he wrote to the defendant brining to their attention their effectual or implied termination of his contract of employment with them, and that he received no response.
Badjie finally claimed that, at the time of his dismissal, he was 36 years old and was in receipt of a basic monthly income of D1900 plus transport allowance.
He was represented by Lawyer Mendy.
Author: Dawda Faye
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Dalton1
3485 Posts |
Posted - 23 Sep 2010 : 16:45:01
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2bab,
Greetings.
I am truly not in a position to comment on the legal matter much, since there are two sides to a coin.I recognize the plaintiff's right to seek a redress in a court of law, which is assuring, especially going by his submission of illegal termination of contract by Sillah & Sons. I understand there are some stipulations, here and there in some of these contracts that protects both the employer and the employee. Reasons for termination may include poor conduct, unproductivity, violence, not following safety rules, harassment, lack of proper work papers, layoffs when business is slow, etc...
On another hand, I was among a group of science students that visited the factory in the early 90s...poor memory me! The factory has been hailed since it is one of those pioneered by Gambians. Sillah's initiative is excellent. The soap is useful, and Gambians benefitted a lot. We didn't have to import soap. It also provided ready employment for Gambians. Also, I heard that the accident that took place on the site was very fatal, with a number of casualities, and left some others seriously wounded. You know the liquid when hot is at high temperatures. The accident was sad. I didn't get into knowing the reason for the accident exactly, but now I am interested to know. My mother (Allah be pleased with her) did sales in real life. She made locally used soaps and I used to sell it for her. Also, she used to buy some from the Lumos (weekly market gatherings in certain Gambian villages). Soap is in greater demand. It was one of the over twenty items that went by fast.
I think Sillah's lawyers should go in for a resolution outside the court ducket as a way of settlement. That would include if the plaintiff's case is genuine compensating him for the loss, and hiring him back to the company with an apology.
Anyway if i can borrow from kay, the above is not legal advise. I am not a lawyer. It is only an opinion. Thanks for sharing.
Regards,
YJ |
"There is no god but Allah (SWT); and Muhammad (SAW)is His last messenger." shahadah. Fear & Worship Allah (SWT) Alone! (:
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toubab1020
12311 Posts |
Posted - 23 Sep 2010 : 19:16:00
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I understand what you write,and note your KAY notice! what I was commenting on like you is the newspaper report alone, I do not know the inns and outs of this particular case,however some things in the report raised my concerns,firstly,it is admitted that he was on 3 months probation as a soap cook,then his position was confirmed as a soap cook,giving the employeer ample opportunity within that 3 months probation to dismiss him for not being able to do the job,or for other legal reasons this was not done because his was confirmed in his position,everybody happy,there was an "accident" in which the soap cook was injured,and presumably because of his injury he was incapable of following the job of a soap cook, he was then offered a position of a plumber at D350 a totally unlivable wage not only that in order to take the plumbing job he had to give 10% of the D350 to pay for his benefits,then the employeer asked him to sign a letter which he refused because he was illitrate and would sign if it was read to him an a language he understood,quite reasonable,as he would not sign he was thrown out.IF THESE FACTS ARE TRUE then its laughable that he should not be entitled to compensation,D600,000 is over the top.
Dalton1 would you like to be hired back with an apology into a company that has treated you in a shameful way? |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Dalton1
3485 Posts |
Posted - 23 Sep 2010 : 22:03:07
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I sensed that as well 2bab. It is like taking the ducket to the newspaper.
You never know, he truly might be in need of his job. any resolution outside the ducket helps both parties in this case.
Thanks for sharing.
YJ. |
"There is no god but Allah (SWT); and Muhammad (SAW)is His last messenger." shahadah. Fear & Worship Allah (SWT) Alone! (:
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toubab1020
12311 Posts |
Posted - 23 Sep 2010 : 22:11:07
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"It is like taking the ducket to the newspaper."
I am really sorry I don't understand this at all,can you use other words please ?
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Dalton1
3485 Posts |
Posted - 23 Sep 2010 : 22:43:12
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quote:
however some things in the report raised my concerns,firstly,it is admitted that he was on 3 months probation as a soap cook,then his position was confirmed as a soap cook,giving the employeer ample opportunity within that 3 months probation to dismiss him for not being able to do the job,or for other legal reasons this was not done because his was confirmed in his position..2bab
Well, with reference to the news article and your submission above, I also agree that there is something happening at the newspaper level, which is one side of the story, making it look like passing judgment on the likely outcome already. Hope that helps. Non-english speakers like me run out of word choices sometimes. ha ha :)
yj |
"There is no god but Allah (SWT); and Muhammad (SAW)is His last messenger." shahadah. Fear & Worship Allah (SWT) Alone! (:
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