By Arret Jatta
The High Court in Banjul has declared the dismissal of former Oryx Energy (Gambia) Limited Information Technology Manager, Momodou Jallow, unlawful and unfair, awarding him more than D1.95 million in compensation.
Delivering judgment on Tuesday, June 2, Justice Ebrima Jaiteh ruled in favour of Jallow, who challenged the termination of his employment by the company in August 2022.
The court found that although Oryx Energy relied on a contractual termination clause, the circumstances surrounding the dismissal showed that it was closely linked to disciplinary allegations, medically excused absences, and concerns relating to the employee’s health condition.
Jallow, who joined Atlas Energy Limited in 2015 before its operations were taken over by Oryx Energy in 2021, served as the company’s Information Technology Manager.
Evidence before the court showed that he played a key role in designing and managing the company’s IT infrastructure and consistently received performance ratings exceeding 90 percent.
The court heard that Jallow, a sickle cell patient, took medically certified leave in July and August 2022. Upon his return, he discovered that his office access, work email, and network privileges had been disabled before being invited to a disciplinary hearing. His employment was subsequently terminated on August 16, 2022.
Justice Jaiteh held that the manner in which the termination was carried out failed to meet the requirements of procedural fairness and natural justice under the Labour Act, 2007.
The judge noted that the disciplinary process appeared to have been predetermined and that Jallow’s medical condition had materially influenced the deterioration of the employment relationship.
The court awarded Jallow D1,952,352.72 as compensation for unlawful and unfair termination, subject to deductions for any terminal benefits already paid.
It also awarded D153,000 in legal and administrative expenses, D100,000 in costs, and ordered Oryx Energy to reconcile and remit any outstanding social security and provident fund contributions. The judgment sum will attract post-judgment interest at four percent per annum until full payment.
