12 December 2012

Gambia: Cedar Bakery At the Industrial Tribunal

Fafanding Colley and 13 other former employees of Cedar Bakery sued their former employer at the Kanifing Industrial Tribunal for wrongful dismissal.

In his testimony, Fafanding Colley told the tribunal that he used to make Arab bread (shawarma) at the Cedar Bakery.

He stated that they filed the suit against Ali Diab, trading as Cedar Bakery, adding that he was employed by the defendant.

Colley posited that he was employed to bake bread at Cedar Bakery which is owned by the defendant, adding that he is not presently working there.

He adduced that he ceased working on 26 May 2012, further stating that his other colleagues were working for the same defendant, and all of them ceased working for him.

He revealed that they wanted to join the SSHFC, Labour and Ombudsman, which was why their services were terminated.

Colley indicated that the defendant did not pay their contribution to SSHFC and injury compensation fund. He said they all went to ask whether the defendant was not paying those contributions and were told the defendant was not.

He testified that they were not given any pay slip for their salaries, and they were paid cash, adding that he was not given any allowance other than their salaries.

They never went for leave, he adduced, saying further that the defendant told them he used to deduct their salaries and pay it to SSHFC but this was not the case.

The defendant paid him for the month of May 2010, when he worked for 26 days, he said, adding that the defendant never gave them a notice of termination, neither did he pay them a month's salary in lieu of notice.

He revealed that they were not given either an employment or termination letter, adding that he is not presently working.

From time to time, he had labourer work, he said.

Mrs Mendy, who was representing them, applied to tender Fafanding Colley's ID card to determine his age.

The application was granted by the tribunal, and was also admitted.

The defendant was not present at the tribunal.

The case was adjourned till 15 January 2013.

Magistrate Dawda Jallow presided over the case.

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