By Muhammad Bah
A case of “unlawful termination” involving Mr. Lamin Nyangado, former Policy and Advocacy Manager for Action Aid International The Gambia has on Wednesday 6th August proceeded at the kanifing Industrial Tribunal presided over by magistrate I-Kijera alongside Dr. Cole and Mr. Sosseh Colley.
In his evidence-in-chief, Mr. Lamin Nyangado, led by his Lawyer, Kebba Sanyang told the tribunal that it is contrary to Action Aid policy for a person to be made redundant, pointing out that it is only a position that could be made redundant.
He said this is stated in the revised Human Resources/OB manual 2010 of Action Aid and the rules related to redundancy is found in clause 9.10 pages 49, 50, 51.
He disclosed to the tribunal that before his position was made redundant, his salary was D57,000. He received other benefits like internal fund contribution; social security, etc, saying the internal fund is what Action Aid contributes to its staff welfare fund and is 15% which is different from social security.
When asked whether his former employer discussed any redundancy issue with him, the plaintiff replied in the negative. He told the tribunal that he does not understand how the defendant arrived at the figures allegedly paid to him as a redundancy package. Mr. Nyangado said the defendant only attempted to tell him of his redundancy issue after the previous proceeding of the tribunal. He said the Action Aid Finance Department sent him a mail labelled “caption details of payments of redundancy.”
Regarding his status at ActionAid, he told the tribunal he was re-designated as a Policy and Advocacy Manager and was given a term of reference (TOR) which he tendered to the tribunal together with several other exhibits.
The plaintiff told the tribunal that the defendant has still failed to return some of his documents which he requested for. He said he wrote to the defendant to give him his letters of appointments which he said he couldn’t carry along as he was sacked. He told the tribunal, “ I was 57 when I was sacked and I would have been retiring in 2016.”
He further told the tribunal that a new position Head of Program and Policy was created after his position was made redundant.
The case was adjourned till 17 September 2014.
Mr. Ousman Gaye, Human Resources and Organizational Development Manager appeared for Action Aid.