Saunders et Al v St. Kitts Sugar Manufacturing Corporation

• Jurisdiction: Saint Kitts and Nevis
• Judge: Singh, J.A.
• Judgment Date: 06 April 1995
• Neutral Citation: KN 1995 CA 6
• Docket Number: 1 of 1993
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 06 April 1995

Court of Appeal

Floissac, C.J., Liverpool and Singh, JJ.A.

1 of 1993

Saunders et al

and

St. Kitts Sugar Manufacturing Corporation

Mr. Lee L. Moore, Q.C., Dr. Henry L.O.S. Browne and Mr. Glenford Hamilton with him for the appellant

Mr. Hugh Rawlins, Solicitor General for the respondent

Industrial law - Unfair dismissal — Appeal against determination of trail judge that deceased was wrongly dismissed from his employment and awarded damages of $33,334 — Whether sum based on six months work was reasonable — Depends on the circumstances of each case — Six months notice inadequate — Ten months reasonable — Damages readjusted to take into account increased period of time — Appeal allowed.

1 SATROHAN Singh, J.A.

2 On December 4, 1992, HYLTON J, in giving judgment for the Appellant, against the respondent, declared that the deceased was wrongly dismissed from his employment with the respondent as an Area Manager. She awarded the appellant “damages $33,334 plus total to be agreed as due under the pension scheme” and costs. Included in this sum is $18,012: being the salary of the appellant, for six months. The learned Judge in making this award, considered six months notice as reasonable notice for the termination of the deceased's employment. The appellant appealed against the quantum of the global award but at the end of the arguments, the sole issue which was left for the determination of the Court was whether six months' notice was reasonable notice given the circumstances of this case.

3 The determination of this issue always depends on the circumstances of each case. The Court should consider inter alia, the deceased's qualifications, his stature in the position which he held, his skill, hiss training, the very senior position he occupied, the length or duration of his employment, the responsibilities that attended themselves to that position and the reasonable length of time it would take for him to obtain alternative employment.

4 The following cases were referred to this Court as a guide to its deliberations on the issue of reasonable notice:–

5 S W STRANGE LTD V MANN (1965) 1 AER 1065 , re. ORIENTAL BANK CORPORATION (1866) 32 CH. 366, LANDON V. GREENBERG (1906) 24 TLR 441, DANIEL V. DIVERSEY CORP.LTD 3053 OF 1984 H.C.T. & T, MARTIN BAKER AIRCRAFT CO. LTD AND ANOTHER V. CANADIAN FLIGHT EQUIPMENT LTD (1955) 2 AER 722, BARDAL V. THE GLOBE AND MAIL LTD (1960) 24 DRL 140, B.G. CREDIT CORPORATION V DA SILVA (1965) 7 W WIR 530, GRUNDY V SUN PRINTING ASSOCIATION (1916) 33 TLR, ALBERT MENDEZ AND THE BANK OF NOVA SCOTIA (ST. KITTS BRANCH) SUIT NO. 93 OF 1991 (CIVIL) ST. CHRISTOPHER CIRCUIT DECEMBER 9TH, 1991 UNREPORTED.

6 In this last case, several other cases were referred to as precedents of reasonable notice.

7 In the case of B.G. CREDIT CORPORATION V. DA SILVA (1965) 7 WIR 530, where a former Financial Secretary of the Colony of British Guiana was appointed to the position of Manager of the defendant Corporation and had his services in that post terminated before he had even taken up his appointment, Her Majesty's Privy Council opined that PRIMA FACIE reasonable notice in those circumstances should have been six (6) months.

8 The learned Judge in this matter before us,...