Falkenberg & Brau Ltd And Another v Florence Mc Gauran (SC CIV APP 4 of 1981) [1983] SLSC 13 (7 July 1983)

“5 = So j Ei Tie suPRe cOUMT OF SIERRA LEONE 3 conan: , Tho Honoucatle Hr. Justice £, Livesey Luke, C.J. - Prestat | The Honouravle Hr. Justice C.A, Harding, = 5.5.0. e if The Honourrble Nr. Justice 0.B.R. TeJjan, = 5.8.0. | The Honournbie Kr Justiee 6, Becotes Davies — ~ 345.0. ' ‘Me Honourable Mr. Justice 6.5. Davies = tA | SC, CIV. APP. Wo, 4/81 ; and &, Schmid = 2nd Appellant U ve Florence MeGauran = Respondent Jul. Smythe, Esq., WC. with him Manly-Spain, Esq. for Appelian Miss Adelaide Dworzak for Respondent SubGyeiT DELIVERED ON THURSDAY 7TH JULY, 1983 Becoles Davies, J.S,0 t Miss Florence Dworzak now Mrs, McGauran (hereinafter ealle the respondent) entered the employment of Mesers. Palkenberg an ee ees a le t 1969 and continued in the service of the first appellants until her resignation from that service on 5th December, 1978. The respondent's letter of appointment reads - "26th November, 1968 ase Miss FLorence Dworsak ea P.O, Box 1924 ) Freetown : Dear Madam, EyPLonewr : We refer to our various conversations and in particular to } our meeting of 22nd November, 1968; we are, in fact, very glad to iearn that you did accept our offer, and vo, therefore, wish c to confirm the folioving: > M6000

“o Sl Your position vill be that of an assistant to the undersi¢ and, a8 puch, you Jill Wold a highly confidential position Therefore, no infurwation whatsoever relating to any of our business activities are to be divulged to any person or organis tion ote, Purth:r you shall abide and carry out the instructio | and regulations -f this company for the time being in force. x It has bee: agreed that you will commence work on 2nd Janaary, 1969 ad your hours of working will be as follows:~ } Mondey to Friday: 0830 - 1230 and 1400 - 1630 i Saturday: 0830 - 1230 Furthor vou will be entitled to one afternoon off per week the day to be determined as per mutual agreement. i4 We shal: grant you one calendar month leave for each f calendar year vith full pay, the time of such leave to be mutually agnecd.

May we confirm that it is our intention to grant you the right to sign letters for and on behalf of this company within a yoarts time a and when directed by the undersigned.

Your salary will at the rate of Le350.00 (three hundred an

| fifty lsones only) payable in Sierra Leone monthly in arrear an

H in accordance with existing legislation, we shall have to deduce : t income tax from such salary which is at present Le30.03 (thirty ty Jeoncs and three cents) per month.

Please note that as from Ist January 1970 your salary will be at the rate of Lel00.00 (four hundred 3sones only) payable i: Sierra Leone monthly in arrear, Such salary is taxable and ve shall have to make the necessary deductions per monthyas stipufore,

| Zt has been agreed that we shall pay to you the sum of 1030.00 in cash monthly in arrear being car expenses and you arc herewith requested to prepare and sign a cash voucher in the usual manner as ani when ouch amount (thirty leones only) becomes due for payncst,

Por good ordes's coke ve wish to put on record that this agreoment may be torminated by either party by giving one month! notice in writing to be forwarded by registered mail at any time

Finally ve wish to point out that any alteretione in the Yorm of thi agreement will have to be made in writing and it

f feos without saying that thie agreesen? shall be construed in accordance with tho lava of Sierza Leone. * | D800 t

< foe We should bs yrateful 4£ you would kindly sign the attaches | earbon copy of this letter signifying your agreement to the

| torms and conditions mentioned therein, and we would further

ce ask you to return such copy to us as soon as possible, ° Your early reply will be appreciated and we remain, Yours faithfully per pro PALKENBERG & BRAUN B. V. Belin Secretary.”

q The reupondent worked for the first appellants under the above conditions until some of those conditions vere altered because of her family conmitments, The altered conditions were eontained in a letter dated 25th Apri, 1972. That letter states -

"25en Apria 1972 PROPOUED NEW WORKING HOURS FOR MRS. F. MoGAURAN STARTING ON 1ST MAY 1972 Monday ~ Friday 8,00 - 1300 = 5 hours per day = 25 hours . Saturday 8.00 - 12.30 4 houre 294 noure These new hours are to be paid at a new rate of Le3.00 per hour, Overtime to be tax free at 103.00 per nour. | Car allowance to be at the reduced rate of 1215.00 per month. } Medical expenses to be increased to Le6.00 per month. Mro. NeGauran will work full time whenever Mr, Huebscher is avay at th **me hourly rate ae ete: eee FOR PALKENBERG & BRAUN B. Huebscher, In 1978 the respondent said she was dissatisfied with the service of the first appellants, She tendered her resignation calag from their service by Letter dated 5th December 1978. The H respondent's Letter of reaignation reads -

Hage

f Dear Sir, from Le15,00 - 1e65,00 and medical expenses from Le6,00 ~ Le26.00 and this in 6} years of rampant inflation; Requested | ‘the cash of the vorks carried out at my house. To date, hoveve: Enea eeaieee fete ect es eee isons are x aes { Florence J, MeGauran," D9 ec00

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