By Admin
The Kanifing Industrial Tribunal has overruled preliminary objections from the University of The Gambia (UTG) and its Acting Registrar, Bobo Baldeh, allowing the wrongful dismissal case of Dr. Alieu Gibba and Professor Matarr Njie to proceed.
Dr. Gibba and Professor Njie are challenging their November 2024 dismissal, arguing it was “unlawful, unfair, malicious, and contrary to natural justice,” violating their employment contracts. They are seeking reinstatement, back pay, and five million Dalasis each in damages for reputational harm and legal fees.
UTG and Mr. Baldeh’s legal team contested the tribunal’s jurisdiction, asserting that the plaintiffs were civil servants under the Tertiary and Higher Education Act 2016 and should have taken their case to the UTG Tribunal rather than the Industrial Tribunal. They also argued against Mr. Baldeh’s inclusion in his personal capacity.
In her ruling on Friday, Tribunal Chairperson Ms. Jallow dismissed these arguments. She clarified that while UTG is a government-funded institution, its employees are not civil servants, nullifying the jurisdictional claim. The tribunal also ruled that Mr. Baldeh’s role—whether official or personal—requires further examination, keeping him as a defendant.
On the jurisdictional dispute, the tribunal found that while the Tertiary and Higher Education Act 2016 provides an internal complaint mechanism, the Labour Act 2023 grants the Industrial Tribunal “exclusive original jurisdiction” over employment disputes. The tribunal emphasized that the Act’s wording offers an option, not an obligation, and the plaintiffs were within their rights to bring their case before the Industrial Tribunal.
“The words ‘may file’ in subsection 3 of section 33 of the Tertiary & Higher Education Act gives the plaintiffs the options of where to file, and plaintiffs choose to file with the Industrial Tribunal, which has exclusive jurisdiction on matters relating to the employer-employee relationship,” the ruling stated.
The tribunal further emphasized that appeals from both tribunals ultimately reach the High Court, affirming the Industrial Tribunal’s authority in this matter.
As a result, the preliminary objections were dismissed, and the plaintiffs were directed to present their case, with the defendants set to respond to the claims thereafter.”By the aforestated, the objections raised are overruled, and the plaintiffs ordered to proceed in proving their case prior to which the defendants to react to the claims against them,” the tribunal ruled.
The ruling paves the way for a potentially landmark case that could reshape employment rights in The Gambia’s tertiary education sector. Both the public and the academic community are urged to closely follow the developments as the case progresses.