Question :

Mr Brown was employed by Sun Company Ltd as manager of Star Hotel on a 3 year contract starting 1^st July 1990. It was agreed that either side may put an end to the agreement by giving 4 months' notice. In June 1991, Kampus Company Ltd acquired Star Hotel and agreed to keep Mr Brown as the manager of the hotel under the same terms and conditions as his original contract. Since Kampus company Ltd was a foreign based company, it appointed Narayen Company Ltd, a local firm, to be responsible for the daily management of the hotel an the payment of Mr Brown's salary and his other fringe benefits. Directives and orders still came from Kampus Company Ltd. After 12 years at the service of Star Hotel, Narayen Company Ltd, not being satisfied with the services of Mr Brown, decides to put an end to his contract of employment by giving him 4 months' notice without any compensation.

Mr Brown seeks your advice as to:

(a) Who is exactly his employer and why is this so?
(b) In which court can he sue his employer and why?
(c ) Whether he can sue his employer for unfair dismissal although his original contract specifies that his employment may be terminated at any time by giving him advance notice?