Africell has been ordered to pay former Senior Sponsorship and Events Coordinator, Mbye Bittaye D309, 250 for unfairly dismissing him.
Mbye filed a case with the Industrial Tribunal of the Kanifing Magistratesâ€™ Court after the termination of his employment by the telecommunications giant.
Below is the tribunalâ€™s decision, but according to reliable information reaching Whatâ€™s On-Gambia, Africell has already filed an appeal against the judgment.
Between Mbye Bittaye as Plaintiff and Africell Company (G) LTD as Defendant
According to the document containing the Tribunalâ€™s Judgment, Mbye Bittaye (Plaintiff) approached the tribunal and sought for relief as follows
1. A declaration that the termination of the plaintiffâ€™s employment with Africell is unlawful
2. D 800,000 being the total monthly salary of the plaintiff for a period of 8 â€“ 10 years
3. The sum of D 500,000 as damages for wrongful dismissal and breach of contract
4. Interest at the rate of 25%
The case started in May, 2013 and judgment was delivered in February, 2014 in favor of Mbye Bittaye. The panel however, decided to reduce the period as above and awarded a 3 year salary equivalent to D 239,400 plus 25% interest and extra D 10,000 cost.
The same document mentioned that Mbye Bittaye was appointed by Africell as Sales Coordinator on 10th August, 2007 and two years after, he was promoted to Senior Sponsorship and Events Coordinator.
His services was terminated by the company on 17th April, 2013 less than a week after he was release on bail by the high court where he was arraigned with charges of â€˜making an illegal enquiryâ€™ in the case involving him and Alagie Jobe of Daily Observer.
It is believe Africell decided to dismiss Mbye Bittaye after 6 years of satisfactory service with the company simply because they do not want his name to be associated with the company while he is undergoing trail which has no connection with the company.
The courted quoted Mbye thus â€œThe Human Resource told me verbally that the company had to let me go because anytime the case (at the high court with the State) is mentioned on the papers, they will say Mbye Bittaye of Africell, which they cannot take for meâ€.
Counsel for Africell refuted this claim but could not give genuine reason for dismissal of service according to the Labour Act apart from the fact that his 10 day absence from work (while on detention) tantamount to gross misconduct.
The tribunal ordered that the dismissal of the plaintiff was unlawful and ordered the defendant to pay
- His salary for the Month of April, 2013 (salary was D 6,650.00 at time of dismissal)
- One month salary in lieu of notice
- One month salary as damages as damages for dismissal without notice
- Three years total monthly salary as damages for unfair and unlawful dismissal
- Interest of 25% is awarded
- Cost of D 10,000