Barbara Gayle, Staff Reporter
FRANKLYN D. RESORTS Ltd. in Runaway Bay, St. Ann, is asking the Court of Appeal to set aside the Supreme Court award of $2 million in damages to Felix Gonsalves, a Canadian who was dismissed from his employment as executive chef at the resort.
Mr. Gonsalves was employed to Franklyn D. Resorts Ltd. from November 12, 1991 to December 27, 1991 when he was fired from his job. He sued the hotel for wrongful dismissal and succeeded. Damages were assessed by Justice Neville Theobalds in April 1999 at $980,000 with interest at 23.42 per cent over six years making a total award of $2,360,000.
The judge in making the award found that Mr. Gonsalves had been engaged on a two-year contract with the resort in October 1991 and had moved to Jamaica with his wife after leasing his house in Toronto, Canada. The judge found also that the managing director of the resort, Franklyn Rance, had terminated the contract on December 27, 1991 after Mr. Gonsalves had expressed frustration over the minor disrepair of kitchen equipment and threatened to consult a travel agent. Rance had replied that he did not take kindly to ultimatums.
The resort is appealing on the ground that the judge in finding that Mr. Rance dismissed Mr. Gonsalves, did not take into consideration the clause in the letter dated December 12, 1991 that dealt with the issue of the termination of agreement which said, "Termination of this agreement will require one month's written notice by either party."
Hilary Phillips, Q.C., who is representing the resort, argued last week that the judge's finding that Mr. Gonsalves was entitled to damages for loss of earnings for 22 months was inconsistent with the terms of the contract. It is being argued that the amount awarded as damages was unsupported by Gonsalves' evidence.
Lord Gifford, Q.C., who is representing Mr. Gonsalves, argued that there was no basis for disturbing the judge's finding as there was ample evidence to support it. He said there was no basis for disturbing the judge's clear finding of fact that it was the resort which determined the contract of employment through Mr. Rance informing Mr. Gonsalves that he did not require his services any longer.
Lord Gifford argued that the crucial question of fact for determination was whether at the meeting between Mr. Gonsalves and Mr. Rance on October 13, 1991, the parties agreed that the contract should be for a period of two years. He said it was the oral agreement which governed the relations between the parties, not the written document which was never signed.
The appeal is being heard by Justice Paul Harrison, Justice Seymour Panton and Justice Howard Cooke (acting).
