Emmanuel B. Smith v Texaco Africa (SL) Limited (SC CIV APP 5 of 1981) [1985] SLSC 2 (5 July 1985)

a «> hs 8). OIV." APP, Nos 5/81 * gopamte ‘ The Hon, Mr, Justice B, Livesey Luke, Ghist Justice - ; : Providing "+ me 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 Hpn. Wea Justice A.V.A,Awunor-Rennér - Justice of. the - Supreme: Court I The Hon, Mr. Justice M.S, Turay = Justice of | Appeal | BETWEEN: : Bo: BMOUNUEL B, SNITH = appenianr [ Vs. } TEXACO AFRICA (S.L.) LTD, - RESPONDENTS: | Dr. W.8, Marous-Jones for Appeliant Jelly Smyche, @.0, and vith him Hr. Mantey-Spain for the i Respondents ° JUDGMENT DELIVERED THIS 4TH DAY OF JULY, 1985 RUAN, 5.8.0.1 The Appellant vas an employee of the Respondents 3 in January, 1961, in Liberia, and in Juno 1965, he was transferred to the branch of the Respondents’ Company in Storra ® Leone when he had become a Sehior Mechanic. In 1970, he was ; Promoted to thé post of Superintendent of Maintenance, on 11th. November, 1974 the Respondents! workshop was burgled, officers of thecriminal. Investigation Department vere called, and after tb appotiant had checked the items in the store, he vas taken Be to the C.I.D, where he was detained for & whole day ahd night. . he ‘In January, 1975, the appellant had cause to query one Mr, Scott t fitter in the onploymont of the Respondents, The query vaieh { fe oxhibit "A" de in the following torme:= Ei. ? "Tot B.M. Scott (Workshop Fitter) ! Dato: January, 8, 1975. i : [Bevseeee

” Please explain and give reasons why you | . fatled to repair the following faults on you since 6th of January 1975. : (1) the Radiator

(2) The Exhaust Pipe. Further you opened the racker cover and Aiemantic the Caburator switch which X think vas uncalled for, ; Please explain, (Sea.) B.B. smien co. aN Operations Supervisor." A copy of exhibit "A" was sent to the Operations Supervisor, Mr, Scott replied to exhibit."A" on the same day. ‘The reply de exhibit "B" and reads as follows: r "Tot E,B, Smith, Maintenance Foreman From: E.M. Scott Date: January 8, 1985, I received your Memorandum dated ‘7th January, . 1975 with regards your observation on ny Job. « (1) on your return from leave there was nothing between us as things were normal. Aftor a week : a case arise about a coil rope missing from the Jetty, and when it was alleged that you told the marine crew that I sold the rope vhen very well you know that you took it, I was being asked about it and my answer was no, failing to answer : that which I havo not done, I was boing in mind - ©f you and you avoided not oven given me jobs: I only took jobs for myself, In the case of the Bedford Lorry, the driver reported the defects to mo, ‘straight away I setarted working on the vehicle and told the - driver to tell Mr, Smith about the vehicle and PBeveee *

. that I am working on it, After my discovery 7 ef all the faults I reported them to you . your reply was I dont care to know. 1 went as far as to toll you about the Inmps ordered : were not the correct ones you told mo to fit them as ‘be is, your attention was being drawn by mo about the bulbs that vere not available and you said nothing, Aso. Cylencer and Radiator which vere not done by the welders, You said nothing again, instead you keep on - shouting and I was molested, We have garage "1 hands but by then they were not available a day the rest of the two hours are spent ae house boys, On Sundays they work as houseboys and paid by "Texaco, First and foremost there was nobody to carry the Cyloncer to the Welders. : With theoe fow explanations of mine Z of think things would come to normal and co-operation. (Sed.) E.Ms Scott cies Bat Operations Supervisor® : ‘Tho appellant wrote to the District Manager, The letter 4s exhibit "co" dated 9th January, 1975. The lotter explained the eiroumstances of how a particular houseboy wns employed and how the nouseboy used to press hie suits on fow Sundays. For clarity, 4¢ 48 necessary to quote Exhibit "0" vnion te dn the folloving terms:- : : "Tor The District Manager From E.B. Smith : Date: January, 9, 1975, Fitter B.M, Scott vas queried by mo vith two lottors dated 7¢h and 8th of January, 1975, Mesere

=a aes : Instead of ansvering the query he brought up allegation that

(4) Vorkshop boys work s1x hours day and

(11) One Sunday they ‘vont and work as my house boys and they are paid by Texaco,

These allegations aro wrong and to explain further I have workshop boy who used to work ae houseboy tome, Before he started with me he was working vith a Buropean who had long retired from S.A, Coore. My wife ongaged him. He later complained that the payment waa small because ho had wife and children. Because he was very good

+ my wife asked me to help him get a casual job. So he started with Pa Pratt, Because he can iron properly few days Sundays I would ask him to press my suits when they used ‘doing and after @ dash that 4s all but sending men from the Terminal to work at my house is totally incorrect. Because my wife has two to three boys on hire who does ali her business

(Sea) 8.5. smith.”

e.c. Operations Supervisor"

Another query which 4s exhibit "o" dated January, 1975 was sent to Mr. Scott, It 'reade:~

"E have observed that you have boen very

reckless with al1 jobs assigned to you and also you idte your tine chatting in the, main stores down the marine ete.

(41) on the 6th January in the morning

WRIN61 was assigned to you for repairs.

‘The radiator wae dismantled and 1eft

unrepaired.

You got the welder and plater idle while

you leiter the compound,

If your attitude does not improve in future

you will face disciplinary actions,

(Sgd.) 2.3. Smith ©.0, Operations Supervisor Lionas [Saveee

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