LANDO v. ANGELO AND ANOTHER

In this employment dispute, OLLENNU J. addressed whether the defendants had wrongfully dismissed the plaintiff or merely suspended him pending a checking of accounts submitted to the company after a quarrel. The court held that the defendants were estopped by their own statement of defence admitting dismissal from denying it. It also found no power to suspend in the service agreement (exhibit A) and reiterated the common law rule, cited from Halsbury and Hanley v. Pease, that an employer lacking an express or implied contractual term cannot suspend as punishment and would owe wages if suspension were imposed. On the evidence, the defendants had indeed dismissed the plaintiff without justification, making the dismissal wrongful. Damages were measured by the earnings the plaintiff was prevented from obtaining, but the award was limited to £G500 because that was the amount claimed. Judgment was entered for the plaintiff.