Employment

Sierra Leone — Supreme Court · 1961

Principle established: An indefinite contract of service is terminable only upon reasonable notice, and wrongful summary dismissal entitles the employee to salary arrears and remuneration in lieu of reasonable notice.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court hears cross-appeals from the Court of Appeal to determine the correctness of orders made in employment-related disputes.

Sierra Leone — Court of Appeal · 2021

Principle established: The determination of the correct tax deductions for redundancy and terminal benefits depends on the specific tax legislation in force at the time the payments are due.

Lanbuk on the Law of Torts

Principle established: An independent contractor decides for himself how the work is done.

Sierra Leone — Supreme Court · 1983

Principle established: Summary dismissal is only justified where the employee's misconduct is gravely incompatible with the employment, and an appellate court may evaluate overall evidence when not disturbing findings based on witness credibility.

Sierra Leone — African Law Reports · 1964-66

Principle established: Notice terminating the appointment of a judicial officer cannot be backdated and takes effect only on or after the date it is actually given.

Sierra Leone — Court of Appeal · 1964

Principle established: Notice of the termination of appointment of a judicial officer cannot be legally ante-dated and takes effect only from the date it is given or thereafter.

Sierra Leone — Court of Appeal · 1972

Principle established: The presumption that an indefinite hiring is a yearly contract can be rebutted by contrary intention such as a contractual termination notice clause, and notice may run during paid leave.

Sierra Leone — Supreme Court · 1980

Principle established: An employment contract permitting termination without cause upon giving specified notice is valid, and the expression 'not less than one month' requires clear calendar days or months excluding the terminal dates.

Lanbuk on the Law of Torts · 1900

Principle established: Acts outside the class of acts the servant is employed to do are not in the course of employment.

Sierra Leone — Court of Appeal · 2017

Principle established: An employee seeking recovery of arrears in remuneration may apply for an injunction to restrain the employer from dissipating funds in a specific bank account used for salary payments.

Malawi · 2026

Principle established: A claim for discrimination must be properly pleaded and established by evidence; where it is not, an award of damages based on discrimination cannot be sustained on appeal.

Malawi · 2026

Principle established: A claim for discrimination must be properly pleaded and established by evidence; where it is not, an award of damages based on discrimination cannot be sustained on appeal.

Lanbuk on the Law of Torts · 1942

Principle established: A negligent way of doing what one is employed to do is within the course of employment.

Sierra Leone — Court of Appeal · 2015

Principle established: Termination of a fixed-term employment contract during a probationary period must be conducted in accordance with the terms of the offer letter and the employer's human resources manual.

Malawi · 2024

Principle established: A party may apply to vacate a stay order pending the hearing of an appeal to allow for the execution of a judgment from the Industrial Relations Court.

Lanbuk on the Law of Torts · 1947

Principle established: Control test: under a contract of service the master directs both what is done and how it is done.

Sierra Leone — Court of Appeal · 2014

Principle established: An employer may be liable for damages and terminal benefits if they unlawfully or unfairly terminate an employee's contract, especially during periods of illness or medical treatment.

Sierra Leone — Court of Appeal · 1973

Principle established: Under the Workmen's Compensation Act, magistrates' courts have jurisdiction to entertain claims of any amount, but the court's power to award compensation is strictly limited to the statutory maximum.

Sierra Leone — African Law Reports · 1972-73

Principle established: Magistrates' courts have jurisdiction to hear workmen's compensation claims of any size, but their statutory power to award compensation is restricted to the prescribed monetary limit.

Sierra Leone — Court of Appeal · 2018

Principle established: The court considered preliminary objections regarding the procedural regularity of an originating motion challenging the termination of a university lecturer's employment under statutory provisions.

Sierra Leone — African Law Reports · 1950-56

Principle established: An employer is vicariously liable for the tortious acts of an employee done in the course of employment, including unauthorized modes of carrying out authorized tasks.

Malawi · 2024

Principle established: A court may vacate an ex parte stay of execution where the underlying judgment involves compensation for redundancy awarded by the Industrial Relations Court.

Malawi · 2026

Principle established: A claim for pension benefits must be commenced within the prescribed six-year limitation period from the date the cause of action arose, or it will be dismissed as statute-barred.

Lanbuk on the Law of Torts · 1915

Principle established: Where a person consents to confinement on certain terms, there is no false imprisonment.

Sierra Leone — African Law Reports · 1972-73

Principle established: An employee is prima facie liable for loss of or damage to employer property entrusted to their care, and summary dismissal is justified unless the employee proves absence of negligence.

Lanbuk on the Law of Torts

Principle established: Statutory duties of this kind are non-delegable.

Sierra Leone — African Law Reports · 1950-56

Principle established: An employer is liable to pay workmen's compensation for work done by a contractor only if the work is of a kind usually undertaken by the particular employer in the course of their ordinary business.

Lanbuk on the Law of Torts · 1834

Principle established: A master is not liable for a servant on a frolic of his own (Parke B).

Lanbuk on the Law of Torts · 1916

Principle established: An accusation that a schoolmaster committed adultery with a cleaner did not touch him in his profession, so was not actionable per se.

Sierra Leone — African Law Reports · 1972-73

Principle established: A defendant who enters a conditional appearance does not waive the right to challenge jurisdiction merely by failing to initiate proceedings to set aside the writ.

Kenya · 2025

Principle established: Disciplinary proceedings against judicial staff must comply with constitutional requirements for a fair hearing, including the right to confront accusers and the avoidance of inordinate delays.

Sierra Leone — Court of Appeal · 2017

Principle established: Enforcement of a judgment against a defunct statutory body cannot be automatically extended to its successor entities if such enforcement contravenes specific statutory provisions governing the transfer of liabilities.

Lanbuk on the Law of Torts · 1974

Principle established: No implied authority to keep order covered the conductor's attack.

Sierra Leone — African Law Reports · 1920-36

Principle established: An employee's personal skills and aptitudes belong to them rather than the employer, rendering unreasonable restraints against competition void and unenforceable.

Sierra Leone — Court of Appeal · 1924

Principle established: Restraints on trade preventing an employee from using general personal skills and aptitudes acquired during employment are unreasonable and void.

Lanbuk on the Law of Torts · 1953

Principle established: The cost and practicability of precautions are weighed against the risk.

Malawi · 2026

Principle established: Where a dismissal is found to be unfair, the court must assess compensation and severance allowance based on established employment law principles and the specific circumstances of the case.

Lanbuk on the Law of Torts · 1862

Principle established: A prohibition on the method of doing the job does not limit the scope of employment.

Malawi · 2026

Principle established: Dismissal from employment must be supported by a valid reason and follow fair procedures; otherwise, the employer is liable to pay compensation and severance allowance.