Saunders v St. Kitts Sugar Manufacturing Corporation

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Hylton, Q.C. J.,TO
• Judgment Date: 24 November 1992
• Neutral Citation: KN 1992 HC 3
• Docket Number: No. 211 of No. 211 of 1991
• Date: 24 November 1992

High Court

Hylton, Jl.

No. 211 of No. 211 of 1991

Saunders

and

St. Kitts Sugar Manufacturing Corp.

Appearances:

Messrs. Moore and Hamilton for plaintiff

Mr. Rawlins, Solicitor General and Miss Angella Clarke for defendant

Natural justice - Plaintiff was given an opportunity to be heard by defendant — General Manager present at Board meeting which decided upon plaintiff's suspension — Whether there was breach of audi alteram partem rule — Whether there was a breach of nemo judex in causa sua rule.

Hylton, Q.C. J.

1 The plaintiff's claim is for damages against the defendant Corporation for wrongful dismissal. The Particulars of Special Damage claimed are:–

• (a) Loss of income and benefits for approximately 6 years at

  $91,225.92 per annum $547,355.52

• (b) One hundred and sixty two working days paid leave at

  $100.00 per day 16,200.00

• (c) Lost advantages from Pension Scheme at $1,801.20 per annum for 6 years 10,807.20

and the plaintiff claims:

• (1) A declaration that he was wrongfully dismissed by the defendant Corporation's letter of November 13, 1991.

• (2) A declaration that the reported repudiation of the defendant Corporation contravene the fundamental sight to freedom of expression of the plaintiff

• (3) Damages

• (4) Exemplary damages and

• (5) Such further or other relief as the court thinks just

• (6) Costs.

THE BACKGROUND:

2 The plaintiff a man of 56 years worked in the Sugar Industry of St. Kitts for approximately 34 years. During the early 1960's he underwent training at the East Caribbean Institute in Trinidad for 2 years where he graduated with a Credit Diploma in Agriculture.

3 The Sugar Industry in St. Kitts passed through various stages and the plaintiff grew with the Industry to the point where he was appointed Area Manager of Area 1 in 1986. On or about the last Thursday in August 1990 when Mr. John Ferdinand was due to retire as Area Manager of Area 3 the plaintiff was invited to a meeting by top management of SSMC the defendant Corporation where he was notified that he was being transferred to Area 3 as Area Manager and was given a letter to this effect. The persons present at this meeting were Messrs. Kelly (Agronomist, Ag. Agricultural Manager) Nathaniel (Financial Controller) and Rogers (Personnel manager).

4 The plaintiff seemed to have been displeased at the short notice of transfer and made certain comments including one to the effect that had he known what the meeting was about he would not have attended or would have tendered his resignation.

5 The plaintiff asserts that he was told he would be provided with housing which he had not been provided with since he had vacated the Belmont Estate House to make way for the incoming Field Superintendent. The Personnel Manager (who testified for the defendant Corporation) Mr. Wentford Rogers asserted that no guarantee of Housing was given to the plaintiff at that meeting. He said the plaintiff was told that no houses were then available but that he would be provided with one when houses became available. In any event the plaintiff assumed duties as Area Manager, Area 3 on transfer from Area 1 but no house was ever provided nor was any Housing allowance paid. The Personnel Manager says the plaintiff was not entitled to Housing allowance nor was Mr. Ferdinand — yet Mr. Ferdinand who was appointed Area Manager some four (4) years after the plaintiff has been paid a Housing allowance of $150.00 per month.

6 The plaintiff appears to have been an exceptionally competent employee as indeed the Solicitor General conceded that there was no complaint about the plaintiff's competence only about his commitment. The Personnel Manager asserted that the plaintiff had never ever been sent an “Information Letter” or “Warning Letter” and the only apparent blemish prior to 22nd September, 1991 seems to have been a complaint from the Agricultural Manager that the plaintiff had not carried out certain procedures in accordance with instructions.

7 Mr. William Dore, M.B.E. who had a long and distinguished career in the main stream Civil Service, in the Sugar Industry and various other Bodies and Organisations I find to be absolutely and totally credible and he spoke in glowing terms of the plaintiff and referred to him as a “team player”. There, to my mind can be no higher commendation from a Chief Executive Officer to a middle or junior manager.

8 The position immediately prior to 22nd September, 1991 was this – the plaintiff had worked in the Industry for thirty-four (34) years approximately — with the defendant Corporation and its predecessors in title SIRO and NACO since 1972 being appointed Field Superintendent on 1st March, 1975 (JS8). He had received several commendations — was a middle manager and expressed the view (on oath) that he was competent to hold any post within SSMC.

THE FACTS AND SURROUNDING CIRCUMSTANCES

9 On Sunday 22nd September, 1991 the plaintiff while on Vacation Leave went to Brimstone Hill to relieve his son in a family business. During that afternoon the General Manager of the defendant Corporation Mr. Desmond Mallalieu and Messrs. Wilken and Johnson, Booker Tate's Consultant Irrigation Engineer and Agronomist went to Brimstone Hill — not expecting to see the plaintiff — to overlook two (2) Estates “Con Phipps” and “Vambelle” as they appeared to be in the process of deciding. Whether or not to extend Sugar Cane Production on these Estates. The defendant Corporation's General Manager (hereinafter referred to as the General Manager) asserted that during general discussion the plaintiff used the following word

1

That there was absolutely no hope for the sugar industry in St. Kitts, that we were wasting our time and the industry was bound to collapse. 2. He was not prepared to work in an industry where be was not permitted to express his opinion on the job

10 The plaintiff denies using the words at 111 above but agrees he used those at (2) and asserts that he is still of the opinion as per (2) above. The General Manager on the other hand while not remembering specifics about certain other parts of the conversation is in no doubt that the plaintiff used the words at (1) and (2).

11 After that fateful Sunday at Brimstone Hill the General Manager wrote to the plaintiff – (J.S.3) –

“2nd October, 1991

Mr. John Saunders

Area Manager

Area 3

SSMC

St. Kitts

Dear Mr. Saunders

On September 22nd we had a fortuitous meeting at Brimstone Hill when I was able to introduce to you two Booker Tate Specialists, Mr. Wilken our Irrigation Specialist and Mr. Johnson our Agriculturalist, whom you know from his June/July visit. We had been surveying the cane position on the island and in particular on your previous area and thus were pleased to meet you by chance then to discuss matters in general.

During our general discussion on Con Phipps estate and in relation to the potential for irrigation at SSMC and the Island's industry as a whole, you expressed forcefully certain opinions on the prospects for the sugar industry in St. Kitts. I roust, in all honesty, say that I was taken aback by your statements which I found to be unacceptable, coming from a manager responsible for some 1/3 of the islands cane area.

I recollect that you stated as follows:

• 1. That there was absolutely no hope for the sugar industry in St. Kitts, that we were wasting our time and the industry was bound to collapse.

• 2. You were not prepared to work in an industry where you were not permitted to express your opinion on the job.

I think it is unacceptable that you should hold such opinions, however as they were expressed in a non work environment on a Sunday, I would therefore wish you to confirm or deny them to me in writing at your earliest convenience so that the matter can be clarified and so that I can explain the situation to the Booker Tate visitors who you met, and who were present during these discussions.

I would thus be graceful for your response and clarification of points 1 and 2 of the above as soon as possible.

Yours sincerely

Sgd. D. H. Mallalieu

D. H. Mallalieu

General Manager”.

12 The plaintiff after a reminder — as per JS4 replied as per JSS. The General Manager on 13th November, 1991 wrote to the plaintiff and this was received by him on 15th November, 1991 – See JS6.

13 JS4, JS5 and JS6 are reproduced here below:–

J. S. 4. “‘ST. KITTS SUGAR MANUFACTURING CORPORATION

MEMORANDUM

TO

John Saunders, Area Manager, Area 3

FROM: Desmond Mailalieu, General Manager

SUBJECT: My letter to you 2nd October 1991

DATE: 5th November 1991

-------------------------------------------------------------------------------------------------------------------------------------

To date I have received no response from you to the referenced letter — copy attached.

Please now ensure that you reply to me as requested by Monday November 11th, 1991.

Sgd. Desmond Mallalieu

Desmond Mallalieu

General Manager

cc: File

Agricultural Manager”.

“November 6, 1991 RECEIVED NOV 11 1991

Mr. D. H. Mallalieu

General Manager

St. Kitts Sugar Manufacturing Corporation

Kistoddarts

St. Kitts

Sir,

I am in receipt of your letter of October 2, 1991 and your subsequent memo of the 5th instant.

I note with much concern that the occasion of which you speak occurred at a time when I was on vacation and not in any way associated with the work environment. You adverted to this in your letter.

Your recollection of my stated opinion numbering 1 of your letter is grossly incorrect. With reference to number 2: this is correct and I still feel strongly that I am entitled to express my own personal opinion on any matter.

Kindly adjust your memory in accordance with reality.

Yours sincerely,

Sgd. John M. Saunders

JOHN M. SAUNDERS

p. c. Agricultural Manager”.

“ST. KITTS SUGAR MANUFACTURING CORPORATION P O Box 96,

Basseterre

DIRECTORS: St. Kitts

Hon. Richard L. Caines (Chairman) West Indies

Mr. W. Lawrence (Deputy Chairman)

Hon....