16/01/1956

OF APPEAL (COMMERCIAL)

CAMILLERI LUIGI A., MONTANARO GAUCI A.J., HARDING WILLIAM

ORESTE J CARUANA SCICLUNA vs EDWARD J FUNICANE NE

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GAS COMPANY - GRATUITY - MANAGER - PENSION

The Malta & Mediterranean Gas Company" was governed by a Board of Director with a registered officein London; and only that Board could bind teh Company to the payment of a pension, gratuity, or other allowance, to its employees. The manager of a company cannot go beyond the scope of his autorityas such; and the company would not be liable for any act of teh manager, or of any obligation contracted by him, which goes beyond the limits of his authority "qua" manager. He may also do by "implied" authority whatever is necessary or ordinarily incidentl tot eh exercise of his "express authority; but he may do nothing outside the scope of his "express or implied" authorty, nothin outside the scope of his business. Wherefor, as the authorty to run a branch of the company cannot be said to include the power to burden the company with a life such obligation over and above the ordinary courseof business, no grant of a pension by the manager to an employee of teh Company is binding on teh Company, whatever may have been te words which the manager said to that employee at the relevant time. And therefore, taht employee has no claim at law aganist the Company for that pension. Consequently, an employee of the local branch of teh "Malta & Mediterranean Gas Co", has no claim against the Company for a pension which may have been promised to him bu the local manager without an expressauthority to taht effect from teh Baord of Director; even if no limitation of tje local manager's authorty was notified to third parties, including the employee concerned.