SCHUMACHER AND STRAUMANN v. SENN (06) [1922] SLCA 5 (14 February 1922);

Search Summary: 

 Employment - termination - wrongful dismissal -measure of damages - employee should mitigate by seeking suitable alternative employment, if available, as soon as possible - in special circumstances failure to do so justified and not reason to reduce damages: An employee who has been wrongfully dismissed should ordinarily try to mitigate his loss by seeking suitable alternative employment insofar as any is available in the area as soon as possible; in special circumstances his failure to do so may be justifiable, as when a foreign national is deterred from seeking employment by a penalty clause in his contract prohibiting him from working anywhere else in Sierra Leone. In such a case damages for wrongful dismissal need not be reduced merely because no attempt was made to mitigate the loss (page 36, line 34- page 37, line 13). 

Employment -termination -wrongful dismissal -measure of damages - no dainages for manner of dismissal or injured feelings: Damages for wrongful dismissal of an employee cannot include compensation for the manner of his dismissal or for the injury to his feelings (page 34, lines 26-31).

Law Report Citation: 
1920-36 ALR S.L. 32