Case against Ambrose dismissed

Sarath Malalasekera

Colombo Additional District Judge L. Liyanagama dismissed with costs the action filed by Pership Logistics Limited, against its former, Dhaka (Bangladesh) Manager A. C. Ambrose.

Pership Logistics Limited filed action on the basis that the Defendant A.C. Ambrose who had worked as their Regional Manager of their freight forwarding business in Dhaka from May 1997 to June 1999 and had left their services and joined a competitor from Sri Lanka, doing the same business in Dhaka, Bangladesh as the Competitor’s manager.

The Court held that the defendant was justified in not continuing to work and in joining a competitor who had obtained for him a valid Work Permit whilst Pership Logistics Limited, had failed to obtain a valid work permit and the defendant was in fact working on a Tourist Visa.

The Court also rejected Pership Logistics witness’s evidence where he stated that Pership Logistics was unaware that the manager Ambrose did not have a valid Work permit and was in fact working there on a holiday Visa.

Court in rejecting the evidence further held that from the documents produced in court was clear that Pership Logistics Limited, was in fact aware of the situation that the Defendant Manger did not have a valid work permit and was in fact working on a Tourist Visa.

In the circumstances the Court dismissed the action and claim for US $ 11,000.40 together with costs of action against Pership Logistics Limited, in favour of the defendant A. C. Ambrose. I.S. De Silva instructed by Yamuna Balasuriya appeared for the Plaintiff, Pership Logistics Limited.

V. K. Choksy instructed by Champika Bandara appeared for the Defendant A.C. Ambrose.