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toubab1020
12311 Posts |
 Posted - 05 Nov 2010 : 14:22:51
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Could this man be on a par with my favorite Gambian ? I wonder .
http://thepoint.gm/africa/gambia/article/gambia-electrical-loses-in-wrongful-termination-claim
Bet The administration will pick up on this  I wonder how long Senior Magistrate Hilary U. Abeke, will have his job for 
"Abeke further stated in his judgment that for subjecting the plaintiff to police torture, harassment and false imprisonment over unfounded allegations and wrongful dismissal, the tribunal awarded damages of D250,000 in favour of the plaintiff and also awarded costs to be accessed at D10,000 in favour of the plaintiff."
Gambia Electrical loses in wrongful termination claim
africa » gambia
Friday, November 05, 2010
Senior Magistrate Hilary U. Abeke, chairman of the Kanifing Industrial Tribunal, recently delivered a judgment in favour of one Ello Bah, plaintiff against his former employer, Gambia Electrical Company, for wrongful termination of his service.
Ello Bah, the plaintiff, claimed from the defendant, Gambia Electrical Company Ltd, D4,021.55, being half salary arrears for four months for wrongful termination of his service, and costs.
In delivering a marathon judgment, Magistrate Abeke stated that the purported dismissal letter dated 14th August 2010, addressed to the plaintiff, Mr. Ello Bah, terminating his service by the defendant company, was null and void and of no effect, as the said dismissal letter disclosed no offence or misconduct by the plaintiff.
"By the above court declaration, the plaintiff is still in full employment with the defendant’s company," Abeke stated.
The defendant, he added, was ordered to apply or follow the due process as required by the Labour Law to terminate the plaintiff's employment, and to pay in full all his entitlements due.
Abeke also ordered the defendant to pay D4,021.55 being half salary for four months.
He referred to the Gambia Court of Appeal's decision in the case of Singam Investment Co. versus NH Farago Co Ltd and Anar (2002-2008) Gambia Law report Vol. 1 at 68-102 delivered by Justice E.A. Agim, as he then was.
Abeke further stated in his judgment that for subjecting the plaintiff to police torture, harassment and false imprisonment over unfounded allegations and wrongful dismissal, the tribunal awarded damages of D250,000 in favour of the plaintiff and also awarded costs to be accessed at D10,000 in favour of the plaintiff.
He said the tribunal, having noticed in the court file that there was an affidavit of service certifying that the defendant was duly served with the summons, decided to allow another opportunity for the defendant to attend court.
"The defendant was warned that if on the next adjourned date he failed to show up, the tribunal shall exercise no further option than to allow the plaintiff proceed to state his case and proceed to make award accordingly," Abeke revealed.
He said the matter was adjourned and the defendant failed to appear in court, adducing that the tribunal by section 12 of the amended Industrial Rules 2010, proceeded and urged the plaintiff to state his case.
After hearing from the plaintiff, Abeke added, the tribunal deemed it necessary to hold that the plaintiff’s employment with the defendant was wrongfully terminated and his due entitlement was not given to him as provided under the Labour Act.
He further stated that the plaintiff was not given notice prior to his purported dismissal, and no concrete reason in law was given for the purported dismissal of the plaintiff.
The defendant was subsequently ordered to pay to the plaintiff a total sum of D264,021.55.
Magistrate Abeke has delivered five industrial judgements since he moved to the Kanifing Magistrates' Court less than two months ago.
Author: Sainey M.K. Marenah
Source: Picture: Magistrate Hilary Abeke
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Kitabul Arerr
Gambia
645 Posts |
Posted - 06 Nov 2010 : 21:51:14
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Suddenly, mercenary judge [YoYo] delivers justice in favor of one plaintiff, Mr. Bah.
I don't think the mercenary judge's contract is in jeopardy.
Unless "Gambia-electrical" belongs to Jammeh, I don't think mercenary judge YoYo] will be sacked.
toubab1020, this could be a slick move from Justice [YoYo],
Playing the "good samaritan" card, being on the common man's side.
Afterall, what's D264,021.55, compared to their joint venture (record incarcerations)?!?!
This act, is a moral booster, for both cohorts, IMHO.............................................lol! |
The New Gambia - Stronger Together! |
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toubab1020
12311 Posts |
Posted - 06 Nov 2010 : 23:40:05
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| Who knows, lets watch his performance in future cases,but I must say his judgement was crystal clear in this one,unless the defendant has failed somewhat in looking after the Gambian community and this was payback time for the company. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12311 Posts |
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toubab1020
12311 Posts |
Posted - 08 Nov 2010 : 12:35:38
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Here is something else to think about:
http://observer.gm/africa/gambia/article/stop-the-crimes
There is little doubt that the Gambia has been undergoing a change in the culture that existed in the "Old Days" and maybe this is an attempt to remind those who indulge in criminal activity that it will no longer be accepted,the fact remains that there is confusion at the moment what to do,maybe things will be clearer in time. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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