FAIBI v. STATE HOTELS CORPORATION

J. C. Faibi, manager of the Star Hotel operated by the State Hotels Corporation, sued for damages alleging his summary dismissal was unlawful. The corporation’s defence was that Faibi breached explicit directives prohibiting managers from purchasing contraband goods. The court determined the burden of proof lay on Faibi to establish wrongful dismissal. The record showed the corporation’s directive (issued by Managing Director J. F. Ackah) and Faibi’s acknowledgment; Border Guard Police later seized drinkables and Rothman’s cigarettes at the hotel. Faibi admitted buying cigarettes despite their long-standing import prohibition, offered inconsistent testimony, and did not call vendors or produce invoices, warranting an adverse inference. A prior district magistrate’s decision in a customs prosecution was held irrelevant and not binding on the corporation. The court found Faibi knowingly purchased contraband in contravention of instructions; his dismissal was lawful. In obiter, the court stated that if dismissal were wrongful, damages would be limited to the contractual notice period and accrued entitlements.