Court battle ends for drunk employee

National, Normal

EVERT Van Dan Bran (EVDB) who terminated an assistant security supervisor without notice on disciplinary grounds was ordered to pay K2,000.54 in damages by the National Court last Tuesday.
Robert Kapo commenced work at EVDB on Sept 16, 1995 and was dismissed on July 23, 2002.
Deputy Chief Justice Gibbs Salika said Mr Kapo was terminated on an allegation of being drunk at Jackson’s Airport when trying to board a flight chartered by EVDB.
His contract had a clause entitling him to four weeks pay in lieu of termination notice and Mr Kapo sued his employer for damages.
Justice Salika ruled that Mr Kapo had failed to show that his contract of employment entitled him to more than four weeks in lieu of notice.
“Mr Kapo had made various calculations as to what he is entitled to. His counsel appears to have given no consideration to clause 14 of the contract of employment.
“It is clear to me that clause 14 is the appropriate clause. The company can terminate without notice, that means it does not have to lay charges and hear the employee.
“In doing so, I agree with the submissions of the employer that Mr Kapo is only entitled to the four weeks in lieu of notice as stipulated under his contract,” Justice Salika said.