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Estates Ltd. v. Naran Mistry, Civ. App. 11-A-68, 12/2/68, Seaton J.
Plaintiff was employed by defendant from month to month at a salary of Shs. 1,000/- per month under an oral contract. There was no provision made in the contract for leave or pay in lieu of leave, or as to how the contract might be terminated. Plaintiff left the employ of defendant after one year, without giving any notice that he was quitting.
Held: (1) It is an implied term in this sort of contract that a “reasonable period of leave” be granted annually. Such period was set at 18 days, and plaintiff was allowed Shs. 600/- in lieu thereof. (2) Reasonable notice of termination of the employment relation was also an implied term of the contract. (3) As defendant failed to adduce any evidence of specific damages occasioned by plaintiff’s quitting without giving notice, general damages of shs. 40/- were awarded.
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