OLLENNU J.: After stating the facts continued:] It was submitted for the defendants that they have not dismissed the plaintiff; that they merely suspended him, pending a checking of statement of accounts submitted by the plaintiff to the company out of which a quarrel arose.
In the first place the defendants are estopped by the averment in paragraph 9 of their statement of defence that they dismissed the plaintiff, from now denying that they dismissed him. Moreover, there is nothing in the service agreement, exhibit A which could be construed as giving the defendants power to suspend the plaintiff for any cause. The law is that in the absence of any express or implied term in a contract giving power to a master to suspend his servant from his employment for misconduct, the master is not entitled to punish the servant for alleged misconduct by suspending him from employment; if he suspends him he will be liable to pay to the servant all wages due to him for the duration of the suspensio…