The news of Almamy Fanding Taal’s dismissal from the OIC organizing secretariat by a letter from the presidency through the Admin of the Secretariat was received with awe and mixed feelings. Most people, including Almamy, believed that the presidency cannot fire him as it was not his appointing authority. Thus, I believe he should go to court to challenge his dismissal.

Employment is simply a contract between the employer and the employee. Both parties are governed by the terms of the contract, which can be oral or written or sometimes formed through conduct. Section 73(1) of the Labour Act enjoins employers to give written contracts especially if the contract is six months or with non-Gambians.

Almamy Taal is appointed on a contract and was given a contract of employment. Thus, he can challenge his sacking in the Industrial Tribunal if he believes it was wrong or unlawful pursuant to Section 21 (1) of the Labour Act. There is no law that enforces perpetuity of employment relationship.

Parties are at will to terminate the relationship subject to the terms of their contract based on lawful and justifiable reasons. If a party terminates the contract, he must provide reasons leading to the taking of such decision and if the aggrieved party believes the reasons are unjustified, he can go to court for remedies like declaration, compensation, re-engagement, as well as granting other injunctive orders.

Therefore, Almamy should not go to his former office but head to the Tribunal and seek for declaration of his sacking as unlawful and wrong and further seek for reengagement and/or compensation. The dismissal letter is sufficient to institute a challenge in court.

By Simon Sabally