Publication Date



An Appellant was employed as the Sectional Leader in the Lubricants Testing Department of the employer’s business. He was subsequently promoted to the rank of Lubricant Testing Manager.

During his employment as Lubricant Training Manager, he was suspended due to being absent from work for five days without his supervisor’s permission. Under the employer’s Disciplinary Rules and Procedures, the penalty for a first offender was a written warning. This notwithstanding, he was dismissed after three weeks, without any formal charges raised against him and his letter of dismissal outlined that he was dismissed for offences for which he was not afforded any hearing.

The Industrial Relations Court held that the dismissal was carried out in violation of the rules of natural justice and held that the conduct amounted to wrongful dismissal. The court awarded the employee three (3) months’ salary as damages. The employee appealed to the Supreme Court on the grounds that the award of three (3) months’ salary was not sufficient on account of lack of evidence and the failure to mitigate his loss

The employee’s appeal to the Supreme Court was thus limited to the quantum of damages he was entitled to because of his wrongful dismissal.