Falkenburg & Braun Ltd & Another v Florence McGauran [1983] SLSC 21 (17 July 1983)

ON Zi THE SUPREME COURT OF SIERRA LEONE

Coram

‘Tho Honourable Kr. Justice E. Livesey Luke, C.J. - Presid: The Honourable Mr. Justice C.A, Harding, a"336505 The Honoureble Mr, Justice 0.B.R, TeJan, = 5.8.0, The Honourable Mr. Justice S, Beccles Davies = 548.0, The Honourable Mr, Justice ©,S, Davies = JA SC. CIV. APP. No. 4/81 Falienberg & Braun Ltd. - 1st Appellant and E, Schmidli - 2nd Appellant Vo. Florence MeGauran - Respondent Ja, Smythe, Esq., QC. with him Manly-Spain, Bsq. for Appelle: Miss Adelaide Dworzak for Respondent JUDGMENT DELIVERED ON THURSDAY 7TH JULY, 1962 Bocoles Dovies, J-8.0 Miss Florence Dworzak now Hrs. NoGauran (hereinafter oa11 tne respondent) entered the employment of Messra. Falkenberg praun (hereinafter called the first appellate) on 2nd January, 1969 and continued in the service of the first appellants unti per resignation from that service on 5th December, 1978. init ieayaadant’s letter of eppetateans Feels.” "26th November, 1968 Mies Florence Dworsak P.0, Box 1324 Freetown Dear Madam, ‘EMPLOYMENT various conversations and in particular t | We refer £0 Oe 68 re, in fact, very gla ‘ting of 22nd November, 1968) | We are, » very & our mee wo, therefore, wi opt our offer, and wo, therefore, wis fo earn that you did acco? owing? to confira the following

=, SEE Postion will be that of an assistant to the undersi¢ Tharareee - will hold a highly confidential position, tune 2 information Vhatsoever relating to any of our

ton ote, recente £2 Be Aivulged to any person or organts

+ Purther you shall abide and carry out the instructic "and regulations sf this company for the time being in foree,

Xt has been agreed that you will commence work on 2nd Fenuary, 1969 ed your hours of vorking will be as fellover=

. Mondsy to Friday: 0830 ~ 1230 and 1400 = 1630 Saturday: 0830 ~ 1230

Further you will be entitled to one afternoon off per weel the day to be determined as per mutual agrooment.

We shal: grant you ono calendar month leave for each calendar year with full pay, the time of such leave to be mutually agreed.

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

Your salary will at the rate of Le350,00 (three hundred at fifty loones only) payable in Siorra Leone monthly in arrear at 4m accordance with existing legislation, we shall have to deduc dncome tax from such salary vhich is at present 230,03 (thirty Leones and three cents) per month,

Please note that as from 1st January 1970 your salary will be at the rate of Lel00,CO (four hundred 1cones only) payable 4 Sierra Leone monthly in arrear. Such salary is taxable and ve shail have to make the necessary deductions per month as stipujated in the monthly income tax deduction table then being in force.

Xe has been agreed that we shall pay to you the sum of 1030.00 in cash monthly in arrear being car oxpenses and you a1

. ‘eatod to prepare and sign a cash voucher in the herewith Foauevrand vhen uch amount (thirty Leones only) usual manner a9 an:

” nymont + deogart $22.22 7 <' cake ve vish to put on record that this agreement ue to be forwarded by registered mail at any tin mney oo is eee tenn ro es ye Oe Tee =

We should bo carbon oor De grateful Af you would Kindly stgn the attached Fares aay oe is Letter elenttying your agresnent to the ferme and conditions mentioned therein, and ve vould further

you to return such copy to ua as scon as possible, Your early reply will be appreciated and we remain, Yours faithfully per pro FALKENBERG & BRAUN B. Vs Belin Secretary.”

The respondent worked for the first appellants under the above conditions until some of those conditions were altered because of her family commitments, The altered conditions were contained in a letter dated 25th Apri, 1972, That letter states -

: “25th April 1972 PROPOSED NEW WORKING HOURS FOR MRS. F. NoGAURAN STARTING ON 187 MAY 1972 Monday - Friday 8,00 - 1300 = 5 hours per day = 25 hours Saturday 8,00 - 12.30 4 Af hours 29% hours mmese new hours are to be paid at a new rate of 103,00 per houry rerreine to be tax free at 103,00 per hour. cae aaiowance £0 be at the reduced rate of 1015.00 per month. vaazoai expenses to de Anereased to 106,00 per month. ice, NoGauren wilt work full time whenever ve, Husbacher 4 avay at the same BOUrLy rave nee FOR FALKENBERG & BRAUN B. Huedsoher. o was dissatisfied with the in 1978 the reepondent said she was digontt .o tendor' resignation pervice of the first appeltantss She © ndored her resigns rom their service by Letter dated 512 December 1978. The ation reads ~ respondent!s Lotter of reeten thon PBo00

~ hee "5th December 1978 ; The Managing Director Fatkenberg and Braun Ltd P. Box 65 Freetown Dear Sir,

It de with regret that I am tendering my resignation to Falkenberg and Braun at the close of my 10th year in your service, However, the unpleasant incident this morning was the proverbial final straw and, according to the terns of ay contract, I hereby give the required one month's notice as fron today's dave.

It must be pointed out, however, that since Mr, Palkenbert himself together with Mr, Huebscher drew up my "new" conditiont of service on 25th April 1972 those conditions have not been Amproved, withthe exception of my car allowance being raised from 1015.00 Le65,00 and medical expenses from 146,00 ~ 1026.00 and this in 6} years of rampant inflation; Requested Imorenents or betterment of conditions were denied, In fact Zam tho only person in the entire Faikenberg and Braun x tabiishment to hold this record: Over four years ago, at yor sRquest, I used my top level contacts in Liberia to get Fainenperg and Braun ootablished there vith their first contrat te nas very difficult and took tvo long arduous years of ceaverting to Liberia regularly ete, You promised me 1% of thi ceeteact value if 4f succeeded and you deducted 1610,000 off sooerngn of the works carried out at my house, To date, eve yea nave not closed this 1010,000 ‘debt! to my account even een you have promised to do #0 on many occasions, To safe~ caeeg ayeaif X have taken the precaution of having # certain cond document hold in a lawyer's safe covering this matter, Stenee you will now antoably settle thie and T hope pay ne 7 eeitcevice gratuity although Tan fully avare that ete de 0 your discretion.

x must again mention my deep regret that I have to depart gn such a sour noto but X hope that 4t will not finally end or uacantly for I should hate to Look back on my 10 years wit Farxenberg and Broun with bitterness,

‘Thank you |

Yours faithfully Florence J, MeGauran." | M4900. |

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