Jessie R.H.Gittens- Stronge v Sierra Leone Brewery Limited (CIV APP 7 of 1979) [1980] SLSC 5 (17 December 1980)

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lt IN| JHE SUPRIME COURT OF STERRA LEONE . | Sonat: a zal] Hon, Mr. Justice E, Livesey Iuke - 0.3. ‘ cae Hon, Hr, Justice CA. Handing = - J.8,C, li Hon, Mr, Justice 0.B.R. Tejon -- J.8.C. 7 i Yon, Mrs. A.V.A, Awunor-Renner - J.8.0, Fi =4) Hon. lr. Justice

8. Beccles Davies- J.8.C, i ~ 7 ety. apps 7/79 i “a j BEIWEEN:~ M i * H . Yessie Rowland H. Gittens-Stronge ~ Appellant i Fl : tes pp 4 Rierra Leone Brewery Limited ~ Respondents ° 1) Aspitl, stronge, Boa. for the Appellant a Berthan Macauley, Jr. for the Respondeats a 7+ juagent denicered on 10h day of Docesdor, 2999 i ] LIVESEY UKE 0,J.: The appellant-entered the employment of i the Respondent Company (hereinafter called the Company) on i AVF) = cotn snguse) 1970 ¢n\el Besdet sn tenting. sue company axe d Li | brevere of Deer and stout. On 4st June, 1971 the appellant WH J} vas nade on Assdetant Mennger. ‘the letter inforsing hin of f 1 tts testnton wen dated 18 tune, 2901 and attached to £8 wa i 4 } Ma ouxaary of the terms and conditions of service for Assistant Ve fia eet z the Service Agceement. That wag the first tine the parties hie | etened a format written Contract of Service setting out the He j terms and conditions governing the appellant's employment. ~ J} The appellant was sent, to Chana in 1971 for further training | MIth the Kunast Brewery, lle rotuened to Gierra Leone ge or about a] February, 1972 after the successful completion of hie training. {In Beptember, 1972 he was cent Lo Hetnekens Brewery La Holland f {1975 sfter Une completion of the trainings Daring the latter ; " Reve OI

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4 period the Conpany made arrangonente for the appellant to : - ] undergo a tanagenent couree in Britain, On ise July, 1973 u the appellant was promoted t¢ the post of Brewer/Manager, _ 4 which according to the letter (dated Sth June, 1973) 4 TS" Banagouent status." Mhatiletter, apart trom informing the iy ~ ] tppetlant of certain improved benefits and facilities to ' i {sien ae estas anttned ne enh nansey* siggy ote i vate “2h Nene Me. conditiona-of.aervice. 09.0. 0u11 nanager, Nor ti was a fresh contract of service setting out his terms and Hi nod Pi. condttions of service iste nak manager signed then or at all. a | Re santiago th Pantone fi ] and the appelleat in December, 1975 relating to production on 4 a 31et Decenber, 1975. This reeulted in a written query dated if a i Jameny, 1976 being issued by the Production Hanager j f ] MPs AsO, Bort-Witttene to the appellant, the appellant promptly | J, Rave enced there. apart trom that isolated incident the } 4 1; Telationship between the appellant and his employers seemed i al IH to nave been oatiofuctory and cordial, tndeos by letter dated i ‘ll } TF March, 1976 the appellant was informed of certain iuproved hd J} vestorite aod salary to which he decame entitled, Everything Be Seamed to have progressed normally and satiefactorily untiy HAE “BE Gotebery 19004 The appettant reported for duty at 6 are, | jon RAE day. AE about 9,00 a.m, he wus summoned by the feting | | “ ] General Manaier. Mle immediately went to the Gon ral Manwgerts js || “Oftheu where hu mot the Acting Gencrm Manager the. Koopmuna and | | Se Protction thnagor Hee BurtViltiames the won mice en att iw} thse oni: ti | Pores |

a 3] ] Lf rt "The Company does not require your services ~ ! any longer." In a state of shock and disbelier the appellant retorted | “I beg your pardon?" Whereupon the Acting General Manager | Repeated his previous pronouncement. ‘The appellant asked , ; Mr, Koopmans whether there was any reason for such action, f T Nr. Koopmans replied that he had received a complaint a week fe t morning at about 2 a.m, and had. found him (the appellant) f . sleeping whilst on duty, that on the previous Friday morning A after’he (the sppellant) had finished work he had found sone | 4 Hf bottles of boor in the Bright Beer Cellar and that on that i if same Friday the security officer had found tvo casual vorkers py | se An Me opinion vere intoxicated ant Hr. Koopane aides | : that he thought the foregoing allegations amounted to negli- i 4 | Gence on his (the appellant's) part. Mr. Koopmans further f : referred te the Production Manager's query of 5th January, if }! 1996 and concluded by saying that the Company did not therefore ; {| need Ms services ary longer. Hie, Koopmans ouggested to tne | ii i being dicuisced, he (the appellant) should adept an easy way bey {out hy tendering a Letter of resignation, the sppetnane ne Teplied that he wos not prepared to do any such thing. ap 2 Whereupon Mr. Koopmons said thot the appellant could take it % that his servicos hnd been terminited und that he could go a Rone and avait a letter to follow. ‘the appellant subsequently j | received the promised Ietlons Lt wut data Sth Oooneee eae H and in Ube following berms: : ; a :

a7] msl | ae “4 "Dear Bir,

eed I confirm your interview in my office this a norning in the presence of the Production Manager. od You appear either unable or unwilling to conform ais to the Company's requirements of its managers, as { evidenced by the series of disciplinary instances, ~ brought to your attention both verbally and in ih “ft writing by the Production Manager, the General ia oto Manager and myself. eh “Pp I vegret therefore that I have no alternative ia - but to terhinate your exployment with Sierra Leone ae Brewery Limited with immediate effect. { 8 You will be advises separstely of your financial tie = status with the Company, including your outstanding ie car loan, and your entitlements under Clause 11(a) of \ the Service Agceonent. Tho Union African Pension hy “ua Fund will also advise you as to your entitlenent. ty

Yours faithfully, he pat ] (Sga.) 0.D.M. Koopmans it Acting Genéral Manager." i! | A few weeks later the appellant received a letter dated i 28th October, 1976 and signed by Mr. Koopmans. That fet letter referred to the letter dated Sth October, 1976 { | : it and procseded to give dofails of the appellant's i ia i entitlement on termination of his euployment including iy 1c89.10 as salary for 164 to Sth October, 1976, 158.33 ay . as rent allowance for Qctober, 1976 and Le1105 as " 2 wonths salary in Liew of notice. ‘The uppellant was ‘ a] requested to eal) upon the Administratcix Union African : Pension Fand, UsA.C. Hate, Froctown to collect the mount ord him, 7 Maeveee ‘

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