Thursday, April 19, 2012

AS SUBCRIBERS ROBBED… COURT SLAM COMIUM LE 30 MILLION

Comium Commercial Director Joe Amara Bangali Jr.
(IIJ Weblog) - One of Sierra Leone’s mobile companies Comium was slammed Le30 million by the High Court of Sierra Leone.

The matter which was under the late Justice Samuel A. Ademusu in the  Civil Division of the High Court of Sierra Leone on Monday 16th April, got a judgment after the death of Justice Ademusu.

The case  involved  Jemima I. M. M’Cormack as  Plaintiff and Comium (SL) Limited  30d Wilkinson Road, Yata Building in Freetown, as the  Defendant.

The judgment which was delivered on April 10th, 2012 before the court by the Honourable Judge Justice Katutsi. 


The late Justice Ademusu explained the background to the case and  went to state that the Plaintiff Jemima I. M. M’Cormack was employed by the Defendant as a Desk Receptionist on the 12th, May 2006 and confirmed as a permanent staff on 25th July, 2006.

The judgment went further  to explain that while on official duty, the  Plaintiff fell ill in Bo on 7th November 2006 and was brought  down to Freetown by the Defendant  and had her admitted at the Cupid Nursing Home  on the 9th December, 2006 until she was  removed from the hospital by her mother due to poor condition. The Plaintiff according to the judgment did not contact the Defendant, Comium until after 18 months when the Defendant received a letter from a lawyer.

Having considered the totality of the evidence before the court, the late Judge referred to some of the claims made by the Plaintiff as ridiculous, frivolous and without merit.  

In that respect, the court dismissed all the above claims for want of evidence with regards the Plaintiffs claim for NASSIT contributions for seven months that she has worked. The late Judge in his judgment agreed that the contribution should be paid by the Defendant according to the evidence and held that contributions made by the Plaintiff are not  claimable and therefore dismissed.

Again the judgment took an examination  of the Plaintiff’s letter of confirmation of her employment dated 25th July 2006 and  held that the Plaintiff was not served with a notice of termination of her services.

In view of this, the late Judge states that the Defendant (Comium SL Limited) is liable for unlawful termination of the Plaintiff’s employment and further held that the Defendant is liable to pay the salaries of the Plaintiff from 1st January 2007- 1st November 2008.

Concluding, the Judgment among other things held that the Plaintiff is entitled to an award on  humanitarian grounds which was assessed at Le30 million and ordered that the said sum be paid to the Plaintiff for  medical treatment.

And the judgment of the late Justice Ademusu ordered that the salary due to the Plaintiff from 1st January, 2007 to 30th November, 2008 be paid. Lawyer Ibrahim Kanu representing the Plaintiff while Renner Thomas and Co for the Defendant.

The judgment came at a time subscribers were crying that the company is robbing them. According to some of the subscribers what the company is advertising is contrary to what is happening more especially on the tariff plan.

Comium to Comium was advertised 9 units per minute but the company is deducting 10 units per minute. Off Net peak Comium to other networks 15 units per minute but they are deducting 17 units per minute. Off peak Comium to other network s15 units per minute but they are deducting 19 units per minute. This according to them is a criminal offence which should be taken care of.

April 18th, 2012 · by Ibrahim Joenal Sesay, Sierra Leone

 


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