Order to pay Lm11,000 for missing stock

A former storekeeper with Tessons Ltd has been ordered by Mr Justice Tonio Mallia to pay the company over Lm11,000 damages after the company proved that stocks had gone missing from its stores.

Tessons had sued Anthony Zahra claiming that when he left his employment in March 1993 the company carried out a stock take at its stores in its frozen food section at Qormi and it resulted that a large quantity of merchandise was missing or unaccounted for. As Zahra had been responsible for the stores, the company requested the court to order him to make good the damages it had sustained.

Zahra pleaded that he was not responsible for any damages as at no time had he been employed as a storekeeper.

The court noted that Zahra had been employed by the company as a driver in May 1989. In September of the same year, the storekeeper had left and the post was offered to Zahra who accepted it. It further resulted that the work carried out by Zahra was of a certain level of responsibility for he had to employ and dismiss drivers, check the stocks, match the stock with the stock cards, collect the proceeds of sales and check that all stores were up to standard.

Thus, Zahra was not a watchman in charge of the stores but was in a position to control what entered and left the stores and his position was, therefore, closer to that of a store manager.

The court noted that Zahra had claimed that no stock take had been carried out when he had first commenced his duties. However, if this was the case then Zahra had only himself to blame. By taking over the stores without a stock take being carried out, Zahra had assumed responsibility for the contents of the stores.

Zahra had then claimed that a stock take had been performed and that no discrepancies had resulted. It was therefore clear, the court ruled, that Zahra was responsible for the losses that occurred during his employment as store keeper.

Mr Justice Mallia added that when a stocktaking exercise was carried out after Zahra left his post it resulted that Lm11,353.19 worth of stock was missing and unaccounted for.

Zahra was ordered to pay the amount in question to the company in damages.