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Lawyer Jenkins Johnston May Crumble Shadow Mineral company

…FOR DAMAGES, BREACH AND NOPAYMENT OF SALARY  

Shadow Minerals, a Mining Company operating in the Kono District that is notorious for maltreating Sierra Leoneans and dodging the payment of Mining fees to the Government and related fees will soon become “Opaque Minerals” as Lawyer Leon Jenkins Johnston has filed a law suit at the High Court for trial.

Lawyer Leon Jenkins Johnston has filed in court for damages, unlawful dismissal and compensation on behalf of his client Mr. Christopher S. Mondeh who had an accident while on duty at the Company and was compensated with dismissal and nonpayment of salaries for several months and end-of service benefit. Mr. Mondeh received sustained several injuries, a broken foot that led to permanent deformity and now in a state of dejection by the Company.

It would be recalled that Lawyer Leon Jenkins Johnston wrote a letter to the Company informing its officials about the Company’s liability to his client that was not fulfilled and went further to give its officials a deadline of compliance, which was 11 October, 2011. Not only did officials Shadow Minerals demonstrate disrespect, but showed total neglect to the Labour laws of the Country.

A Writ of Summon, giving them fifteen days to file in their appearance and defence to claims contained in the documents failing which, a judgment in default will be obtained in the High Court, which penalty may crumble the Company.

STATEMENT OF CLAIM

The Plaintiffs claim against the Defendants is for:

 

1.     Aggravated Damages for Negligence

2.     Breach of Statutory Duty for injuries to the Defendant whilst in the cause of his employment.

3.     Payment of salary owed to the Plaintiff by the Defendant from June to August 2011 at Le 1,795,050.00 (One Million Seven Hundred & Ninety Five Thousand & Fifty Leones) (per month).

4.     Damages for Breach of Contract for wrongful and unlawful dismissal.

5.     Interest and cost of this action.

 

PARTICULARS OF CLAIM

 

6.     The Defendants are the owners of a business entity known as SHADOW MINERALS LTD operating in Kono with their head office in Freetown and the Plaintiff was an employee working with the said company.

7.     The Plaintiff avers that he was employed as Station Manager on the 27th of July 2011 and he rose to the rank of Assistant Director of Operations.

8.     The Plaintiff avers that on the 26th of March 2011 during his official working hours whilst on his way to work he had an accident with his official bike assigned to       him which resulted in breakage to his right Foot.

 

PARTICULARS OF INJURIES

  1. Fracture of right tibia and fibula
  2. Infected wound
  3. Residual disability assessed at 50%

 

9. The Plaintiff avers that he alerted the office after the accident for their information.

10.  The Plaintiff avers that the company did not provide any medical assistance to him in any shape or form whatsoever neither was any compassion shown, and so he had cause to resort to native treatment.

11.  The Plaintiff avers that he received his salary for the months of March, April and May and then 5 days of June after which his salary was stopped.

12.  The Plaintiff avers that he made a report to the Ministry of Labour to complain about the treatment given to him and by letter dated 22nd August 2011 his former employers were invited to a meeting in the following manner to wit:

 

“Ministry of Labour & Social Security

New England Ville, Freetown

Ref: ML/7/26

Mobile

22nd August, 2011

The Managing Director

Shadow Minerals

32 Sir Samuel Lewis Road

Aberdeen

Freetown

 

Dear Sir,

Re: Failure to Notice an Industrial Accident to the Ministry of Labour in accordance to the Workmen’s Compensation Ordinance of 1954.

 

I am directed to write and refer you to the above subject matter, and inform you further that a complaint has been filed against your company in respect of the above mentioned by an employee of your company, Mr. Christopher S. Mondeh who alleges that he was incurred in an accident with his official motor bike whilst he was executing an official duty on the 26th March, 2011.” ……….

 

13.  The Plaintiff avers that he then went to the camp where he was staying and met his premises broken into with his personal items worth millions of Leones carted away and someone else occupying the property having been put there by his former employers.

14.  The Plaintiff avers that to make matters worse he then received a letter of termination dated 30th August 2011, without any notice or any payment for backlog or otherwise in the following terms”

 

15.  “To Christopher S. Mondeh, Employment ID: SM-0057

30th August, 2011

Dear Mr. Mondeh

Termination of Services

 

Now that we do not have Director of Operations, management deems it necessary that an assistant to the Director of Operations is no longer required.

In view of the above management has decided to terminate your service effective August 2011.

Yours Sincerely

Adrian Nigel Daykin

Managing Director”

16.  The Plaintiff avers that he then instructed his solicitors to write to the Defendant Company on the 5th of October 2011.

17.  The Plaintiff has by reason of the matters hereinbefore complained of endured pain and suffering and loss and has been put to expense.

 

WHEREFORE THE PLAINTIFF CLAIMS

 

1.     Aggravated Damages for Negligence

2.     Breach of Statutory Duty for injuries to the Defendant whilst in the cause of this employment.

3.     Payment of salary owed to the Plaintiff by the Defendant from June to August 2011 at Le 1,795,050.00 (One Million Seven Hundred & Ninety Five Thousand & Fifty Leones) (per month).

4.     Damages for Breach of Contract for wrongful and unlawful dismissal

5.     Interest and cost of this action.

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