Bata Shoe Co Ltd v Anthony J. Navo (SC CIV APP 20 of 1978) [1980] SLSC 10 (3 July 1980)

\ ‘TLRIE SUPREE COURT FOR STERRA LEONE BEIWEEN: an ,BATA SHOE CO Lt — APPELLANT: jap ; ANTHONY J. NAVO |} RESPONDENT

Coram

The Hon Mr Justice E, Livesey Luke + Chief Justice The Hon Mr Justice C.A. Harding - Justice of The . Supreme Court The Hon Mr Justice 0.B:R. Tejan - Justice of The Supreme Court The Hon Mrs Justice A.Awunor-Renner = Justice of The Supreme Court The Hon Mr Justice S.B. Davies - Justice of The Supreme Court J.H. Suythe Esq Q.C. (with Manly-Spaine) for ‘Appellant J. T, Massaquoi Esq for Respondent. . JUDGMEND DELIVERED THIS 3RD DAY OF JULY 1980 DAVIES, J.S.C.:- The plaintiff Mr Anthony Jacob Navo entefed the employment of Messrs Bata Shoe Co, the defendants on 14th August 1961. He started off-as a salesman. He entered into a fresh written agreement of service with the defendants after every completed year of service. He continued in the defendants employment until his services were terminated on 30th April 1976. The plaintiff was dissatisfied with the termination of hie services by the’defendants. He sued them clain= ing (a) damages for wrongful diemicsal, (b) damages for wrongful deprivation of the benefit of earings | commission end (e) demages for wrongful reduetion of 2mvaecere

salary. The defendants resisted his claim.

The action was tried by Williams, J. who apart | from awarding the plaintiff his earned commission tron! the week 36/75 (which would be about the second week in September 1975) to 30th April 1976, virtually dienicsed the claim.

The plaintiff then appealed to theCourt of Appeal. His complaints were that Williams J had refused to award (a) “damages for wrongful reduction of salary (b) damages for wrongful dismissal and (c) general damages.

The Court of Appeal heard the appeal and allowed it. Cole JA. delivering the unanimous judgment of the Court summed it up in these words:~

"In the main I have come to find

that the termination of the Appellant was wrongful, the cancellation of his earned commission and’ the reduction of his aalary were also wrongful,

‘The total, amount of damages the Appellant is entitled to having regard to settled authorities are as follows. ‘The difference between one month's salary which the Appellant should have received. :

Loss of earned commission from weeks 25 - 36, 37 38, 39/75 ond on ° to 30th April 1976.

Loss of salary at the rate of Let4,00 per week as from week 51/75 on to the 30th April 1976,.........0

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Tt is that judgment which has given rise to the present appeal. The, arguments before this Court fall user three topics. | Firstly, 'were the Plaintiff's services wrongfully terminated'? Ae I had said earlier in this judgment, the plairtiff and defendents entered inte a fresh contract in writing at the expiration of every completed year of the former's services, The agreement at the date of termination of the plaintiff's setvices ~ contained a clause relating to its termination, It is contained in Clause 9, It stipulates - ‘ "Either party may terminate this agreement at any time and without cause by giving not less than one month prior . notice in writing of such termination, and if such notice be given, this agrees ment shall terminate on the date specified in the notice. During the period after the giving of any such notice and before the effective date of the termination, the Company may . at its election discontinue the pay until the effective date of termination," 4 (Emphasie mine) : According to the terms of clause 9 therefore, : the plaintiff or the defendants had the right to . terminate the agreement between them "at any time and without cause" for such termination, This brings ne to an examination of the defendants' letter to the plaintiff terminating the latter!s services under the agreenent, It reads = 2 Wmseees

4a "30th April 1976 Mr A.

3. Navo ! C/o Sales Department i Bata Shoe Company (S.L.) Ltd Freetown, Dear Mr Navo, We write to inform you that Management has decided to terminate your appointnent "with the Company as from Satitay 1st May 1976. You will be settled as follows in respect of Final Claims on the Company:= (a) 1 Month Salary in lieu in Notice (b) Any wages due you (c) Leave entitlement plus allowance

(4) Ballance on Personal Account as at Week 18/76 (e) Interest on Personal Account as at Week 18/76

(2) Provident Fund Contributions (g) Less Income Tax Settlement of this amount will be in accordance with Clause 21(c) Page 8 of the Supervisory Conditions of Employment by which you are bound. You are requested to report to the Assistant Accountant on Friday 7th May 1976 at 10 asm, to collect all benefits dpe you. We thank you for your past services and should you request a testimonial we shall ‘be too pleased to give you one, The Management takes the opportunity of 7 Slmsevee

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