Emmanuel B. Smith v Texaco Africa Limited (SC CIV APP 5 of 1981) [1985] SLSC 1 (5 July 1985)

Belay, a eel A | Be pee “INTHE SUPREME COURT OF SIERRA LEONE ! A i a0. exv. arp. 10s 5/81 4 a “CORAM: : 1 q : Te Mon, Mr. Justice E, Livesey Luke, Chief Justice = | : Prosiding ak Supreme Court ; 3 The Hon, Mr, Justice O.DsR, TeJan = Justice of the i : tap tnd 4 ‘The Hon. Mra.Justice A.V.A,Awunor-Rennér - Justice of the i a Supreme: Court a ‘The Hon. Nr. Justice M.S, Turay ~ Justice of : a Appeat L y, BETWEEN: . | . ee ce j ve. j 9 TEXACO AFRICA (5.L.) LTD. — RESPONDENTS } 4 Respondents 4 JUDGMENT DELIVERED THIS 4TH DAY oF JULY, 1985 , F ‘TRAN, J.5.0.1 The Appellant vas an employee of the Respondents , oa im January, 1961, in Liberia, and in Juno 1965, he wae $ a transferred to the branch of the Rospondents' Company in Storra a Promoted to the post of Superintendent of Maintenance. On 11h | Movember, 1974 the Reepondente! workshop was burgled, officere = z thl appellant had checked the ttoms in the store, he was takon | i “Im January, 1975, the appottant had cause to quory one Mr, Scott | Bi S Fitter tn te waploymant of the Respondents, tho query which | = : 4s exhibit "A" Ls In the following torme:- : ~ By . “or BAM. Scott (Workshop Fitter) Frome at, Smith Mi Dato: Jamury, 8, 1975, i f t

. ASB - | F * Phease explain and give reasons vhy you \ ‘ failed to repair the following faults on i you since 6th of January 1975. i 4 (1) the naaiator

(2) Tho Exhaust Pipe. 4 Further you oponed the racker cover and oe Aiemantie tho Caburator avitch which I think Please explain, (Sea.) #.0, smith i 4 co.1m a Operations Supervisor.” A copy of exhibit "A" vas sent to the Operations Supervisor. Mr, Scott repiied to exhibit "A" on the same day. The reply 4 Ae exbibit "DY and roads ae Foltows: 3 “Tor B.D, Smith, Maintenance Foreman bf Prom E.M. Scott ; Dater January 8, 1985, I received your Memorandum dated 7th January, 1975 with regards your observation on my Job. i k (1) on your return from leave there vas nothing i 4 botvoon us as things were normal. Aftor a week a * case arise about a coil rope missing from the a Jetty, and when 1t vas alleged that you told the BA marine crew that I sold the rope when vory welt q you know that you took 1t, vas boing asked y about 4 and my answer was mo, failing to answer ' ‘a that vnich I have not done, T vas boing in mind ; ian of you and you avotded not even given mo Jobe: bes In the ease of the Medford Lorry, tho driver ey reported the defects to me, straight avay I ey =i Started working on the vehicle amt told the us Arivor to bolt He. mbt about the vohtete and il Drrvecs

l ;

. Sa a \ . that I om working on it. After my discovery a ‘| . of ali tho faults I reported them to youy j a | your reply was I dont care to know, 1 vent H : a9 far as to toll you about the Lamps ordered ! Were not the correct ones you told mo to f1e 4 them as it 19, your attention was boing drawn -§ by mo about the bulbs that were not available : : find you said nothing. Also Cylencer and | 9 Radiator vhich wore not done by the welders, | q You said nothing again, instead you keop on Ee hands but by then they vore not available a a house boys, j 3 Texaco, First and foremost there was nobody fea) : te carry the Cyloncer to the Welders, : With these Fev explanations of mine thank things vould come to normal and ec ¥ ©0-operation, . be (Sed.) Bm, Scott 4 2c. DM, Be! Operations Supervisor" 4 sxnibtt "0 dated 9th January, 1975. The letter explained the 5, chroumstances of how a particular houseboy was omployed and how ‘ y the houvoboy used lo presanis suits on few Sundays, a: For clarity, 48 44 necessary to quote Bxhibit *C* vnton ts in ' a the following torme:— H a "Tor The District Hanager lhe a Prom E01, Smith i Datos Januney, 9. 1975 FLetor BM, Soott win quorted by mo utth ‘| to Lattorn dated Tet and HUM Of Jammry, 1975, 4 I, k :

ASE. ' Be * Instead of answering the query he brought up i -— atlegation that

(1) Workshop boys work aix hours | © day and

(11) One Sunday thoy vent and work as | a my houne boys and they are paid by Texaco. | 4 Those allegations are wrong and to explain ' a further I have workshop boy who used to vork as + houseboy to me, Before he started vith mo he : was working with a Buropoan who had long retired | q from B.A, Coore, My vite angaged him. He Later | 4 complained that the payment vas sail because he j : hhad wife and children. Because he vas very good i . my wife asked me to help him get a casual Job. a So he started with Pa Pratt. Because he can tron be Properly few days Sundays T vould ask him to a 7 Press my suits wien they used doing and after a 4 dash that is a11 but sending mon from the Terminal ie does all her business b (Sea.) ¥.D, Smith.” 4 e10+ Operations Supervisor : a Another query which 4s exhibit *s" dated iJ January, 1975 was sent to Mr, Scott, It reader es "I have observed that you have been very Bd Feckloas with all Jobe aseignod to you and K * ‘ls you idle your time chatting in the, en ta main stores down the marine ote. - (44) on the 6th January in the morning e | AIG! was assigned to you For copatca. j a The radiator vas dismantled and Lett j % unrepaired. le a You got the wotder and plater idle white ‘ kl pana ‘ = Gas: : Bis (Set) ea Sten ! ne Meee

The pages read for this report end here. The judgment continues in the PDF.