IN THE NATIONAL INDUSTRIAL COURT OF
NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO NICN/LA/190/2023.
BEFORE HIS LORDSHIP, HON.
JUSTICE (DR.) I. J. ESSIEN
DATE: 12th May 2026.
BETWEEN
AYODELE
BENJAMIN OLUWASEUN Claimant
AND
MIKANO
INTERNATIONAL LIMITED
Defendant
JUDGMENT
INTRODUCTION
The
Claimant commenced this action by a Complaint dated and filed on the 13th of
July 2023 In the complaint the Claimant seeks:
1.
A declaration that the Defendant's act of
allowing him to work for an additional six months after the probationary period
amounts to tacit confirmation of his appointment as permanent staff entitling
him to three months' salary in lieu of notice.
2.
A declaration that the termination of his
appointment by the defendant contrary to the terms and condition of employment is
unlawful and illegal.
3.
An order for payment of N2,000,000 as
outstanding two months' salary in lieu of termination.
4.
An award of N30,000,000 as general damages
for sudden cessation of employment, humiliation, and psychological trauma; and
5.
An award of N3,500,000 as cost of litigation
incurred in this suit by the claimant.
In
support of the claim is the statement of facts, a witness deposition of the
claimant a list of document and witnesses.
The
Defendant filed a Statement of Defence on the 31st of July 2023 along with a
Witness Statement on Oath and a list of documents. The Claimant thereafter
filed a Reply to the Statement of Defence on the 7th of August 2023.
Hearing
commenced on the 20th of May, 2025. The Claimant testified as CW1, adopted his
witness deposition, and tendered nine documents in evidence: the Offer of
Appointment (Exhibit C1), a photocopy of the Claimant's staff identity card
(Exhibit C2), the Letter of Cessation of Employment (Exhibit C3), the
Claimant's solicitor's letter of demand (Exhibit C4), the reply to the
solicitor's letter of demand (Exhibit C5), Email communication (Exhibit C6),
the Mikano Employee Handbook (Exhibit C7), A hand over note of properties in
the Defendant's possession (Exhibit C8), and a Certificate of Compliance
(Exhibit C9). CW1 was cross-examined and the Claimant closed his case. The
Defendant opened its case on the 27th of January 2026. Mr. Joshua Adigun
testified as DW1, adopted his witness deposition, tendered no documents in
evidence, was cross-examined, and the Defendant closed its case. Counsel on
behalf of both parties adopted their Final Written Addresses on the 27th of
April 2026, and the matter was adjourned for judgment.
SUMMARY
OF FACTS
The
Claimant, Ayodele Benjamin Oluwaseun, a chartered accountant, was employed by
the Defendant, Mikano International Limited, as Management Staff to head its
Internal Audit Department vide a letter of employment. He was placed on a gross
salary of N1,000,000 per month and subjected to a probationary period of six
months from the effective date of employment, after which his employment would
be confirmed if his performance was satisfactory or determined if it was not.
The Claimant completed the probationary period and continued to work for the
Defendant for an additional period of six months without receiving a formal
letter of confirmation or termination. The Defendant thereafter issued a letter
of cessation of employment to the Claimant, which the Claimant contends was
contrary to the terms and conditions of his employment. The defendant contends
that the termination of the claimant employment complied with the terms of his employment since he was not a
confirmed staff of the defendant.
ISSUES
FOR DETERMINATION
In
the claimant final address filed on the 12/3/2026, the claimant formulated two
issues for determination in his final written address as follows:
1.
Whether the Defendant's act of retaining the Claimant in employment beyond the
probationary period, without issuing a letter of confirmation, amounts to an
implied or tacit confirmation of the Claimant's employment, thereby rendering
the mode of termination unlawful.
2.
Whether the Claimant has successfully proved his case and is therefore entitled
to damages for the unlawful termination of his employment.
The
defendant in their final written address formulated 2 issues for determination
to wit:
1. Whether
the parties are not bound by the contract between them
2. Whether
the claimant is entitled to N3,500,000 damages as claimed.
Having
carefully considered the issues formulated by counsel for the parties, this
court is of the considered view that the two issues as framed by counsel do not
adequately capture the real questions in controversy between the parties. It is
well settled that the duty of the court is to identify and determine the real
questions in controversy, and that the court is not bound by the issues as
formulated by counsel where those issues do not properly isolate the specific
questions that arise from the pleadings, the evidence, and the reliefs sought.
See Nwankwo V. Yar'Adua (2010) 12 NWLR (Pt. 1209) 518 (SC)
The
rule is that issues must be clear, concise, and must arise from the grounds of
complaint or the pleadings. The court's power to reformulate issues for
determination where those submitted by counsel are inadequate is well
established. In the circumstances, this court considers it necessary to depart
from the issues as formulated by counsels and to reformulate the issues for
determination in order to properly address the real questions in controversy
between the parties. Accordingly, the court hereby adopts the following three
reformulated issues for the determination of this suit:
ISSUE
ONE:
What
was the employment status of the Claimant at the time of termination was he a
probationary employee or had his appointment been confirmed, whether expressly
or by implication of law?
ISSUE
TWO
Whether the Defendant's termination of the
Claimant's employment was carried out in compliance with the terms and
conditions applicable to the Claimant's employment status as determined under
Issue One, and if not, whether the termination was wrongful.
ISSUE
THREE
Whether
the Claimant has established his entitlement to the specific reliefs claimed,
namely: (a) the balance of salary in lieu of notice; (b) general damages for
wrongful termination; and (c) costs of litigation.
The
first and second issues shall be considered together since they are somehow interwoven
together. While the 3rd issue would be considered on the basis of
the specific reliefs sought by the claimant.
ARGUMENT
OF COUNSEL
On
the 1st and 2nd issues, learned Counsel to the Claimant
submitted that by retaining the Claimant in service, paying his full salaries
and entitlements, and allowing him to discharge his duties uninterrupted for a
further period of six months after the probationary period elapsed, the
Defendant impliedly and tacitly confirmed his employment. Counsel contended
that the law is well settled that where an employer retains an employee in
service and continues to pay him after the expiration of his probationary
period without issuing a formal termination letter, the employer is deemed by
operation of law to have confirmed that employee's appointment. In support of
this proposition, Counsel relied on the decision of the Court of Appeal in Reliance
Telecommunications Limited V. Adegboyega (2017) 8 NWLR 319 (Pp.
328–329, paras. B–H), where the Court held that:
An employer who keeps his employee in
employment and continues to pay him after the probationary period has expired
would be deemed by operation of law to have confirmed his appointment, and that
the doctrine of estoppel by conduct would operate to prevent the employer from
alleging and treating the employee as if he were still on probation.
Counsel
further cited O.A.U. V. Onabanjo (1991) 5 NWLR (Pt. 193) 549 and Military
Governor of Lagos State V. Adeyiga (2012) 5 NWLR (Pt. 1293) 291.
Counsel
further argued that by the doctrine of estoppel, the Defendant had by its
conduct assured the Claimant that he would be confirmed and cannot now be
allowed to revert to the previous legal relations as if no such promise or
assurance had been made. In this regard, Counsel cited Duncan Maritime
Ventures Nigeria Limited V. Nigeria Ports Authority (2019) 1 NWLR (Pt.
1652) 163 (Pp. 183, paras. D–F). Counsel submitted that the Defendant, having allowed
the Claimant's employment to continue in full view of the stipulation of the
probationary period, must be taken by its conduct to have fully assured the
Claimant that his appointment had been confirmed.
Counsel
further submitted that it is not the law that an employee can be kept on an
indefinite probation period, drawing the court's attention to paragraph 13 of
clause 1.2 of Exhibit C7, the Mikano Employee Handbook, which provides that the
probationary period for regular full-time employment is between three to six
months at Management's discretion, after which the employee's performance will
be assessed to determine next steps, and that the probationary period may be
extended for no more than a further period of three months if the immediate
supervisor is not satisfied with the employee's performance, failing which
either party has the right to terminate the employment with two weeks' notice
or payment in lieu. Counsel argued that in the instant case, the Claimant
continued to work for more than six months beyond the probationary period, and
that should the court find on the cited authorities that the Claimant's
employment was impliedly confirmed, it follows that the mode of termination was
unlawful.
On
the third issue, namely whether the Claimant has successfully proved his case
and is therefore entitled to damages for the unlawful termination of his
employment, learned Counsel to the Claimant submitted that the Claimant is
entitled to the sum of N2,000,000.00 being payment of the outstanding two months'
salary in lieu of termination of his employment as a permanent staff. Counsel
also submitted that the Claimant is entitled to the sum of N30,000,000.00 as
general damages for the sudden cessation of employment and the humiliation and
psychological trauma suffered therefrom. With respect to the claim of
N3,500,000.00 as cost of litigation, Counsel submitted that the Claimant was
compelled to institute this action solely as a result of the Defendant's
unlawful conduct in failing to honour its contractual obligations, that the
Claimant has incurred legal expenses in retaining counsel, preparing court
processes, attending hearings, and prosecuting this matter, and that it is only
just and equitable that he be compensated for these expenses. Counsel submitted
that an award of costs lies within the discretion of the court, to be exercised
judicially and judiciously, and that the circumstances of this case fully
warrant such an award.
On
the first and second issues, learned Counsel to the Defendant argued that the
terms of the contract of employment are contained in Exhibit C1, the offer of
appointment, and that by clauses 4 and 7 thereof, the Defendant had a right to
enforce the terms of the contract by terminating the employment because
confirmation is not automatic but subject to the fulfilment of certain
conditions. Counsel submitted that there is nothing in Exhibit C1 that states
that the appointment must be confirmed after the initial period of six months.
Counsel further argued that by paragraph 1.3 of Exhibit C7, the staff handbook,
stipulates that confirmation shall be in writing, and that the handbook was in
place at the time of employment. Counsel submitted that by Exhibit C1,
confirmation was dependent on the Claimant obtaining a satisfactory score in
the staff performance evaluation review and meeting agreed performance targets,
and that this constituted a condition precedent to confirmation. In support of
this submission, Counsel relied on the decision in Oduyoye & Ors. V.
Lawal & Ors. [2002] LPELR-5473 (CA). Counsel further argued that the
Claimant's claim that the Defendant's action in allowing him to work for an
additional period of six months after the probationary period had elapsed
amounts to a tacit confirmation of his appointment as a permanent staff is
tantamount to urging the court to rewrite the contract for the parties, which
is not the duty of the court. In support of this submission, Counsel relied on Mbat
V. Hon. Minister F.C.T. & Ors (2024) 4–5 S.C. 187 at 213–214 and Best
(Nig) Ltd. V. Blackwood Hodge Nig Ltd. & Ors (2011) 1–2 S.C. (Pt. 1)
55.
On
the third issue, with respect to the claim of N2,000,000.00 as balance of two
months' salary in lieu of notice, learned Counsel to the Defendant argued that
by accepting the sum already paid, the Claimant is estopped from complaining.
Counsel stated that by Exhibit C1, the Claimant was entitled to only two weeks'
salary in lieu of notice and not three months' salary. With respect to the
claim of N3,500,000.00 as cost of the action, Counsel argued that the claim is
one of special damages which requires to be specifically pleaded and strictly proved
and relied on the decision in Calabar East Co-operative V. Ikot (1999)
12 S.C. (Pt. 11) 133 at 138. With respect to the claim of N30,000,000.00 as general
damages, Counsel for the Defendant posited that the law imposes a duty on the
Claimant who alleges wrongful termination to minimise his loss, and that there
is no evidence led to establish the consequential loss suffered by the
Claimant. Counsel urged the court to dismiss the claim in its entirety.
RESOLUTION
OF ISSUES.
In
the 1st and 2nd issues the question is ‘What was
the employment status of the Claimant at the time of termination was he a
probationary employee or had his appointment been confirmed, whether expressly
or by implication of law’? and ‘Whether the Defendant's
termination of the Claimant's employment was carried out in compliance with the
terms and conditions applicable to the Claimant's employment status as
determined under Issue One, and if not, whether the termination was wrongful’?.
The
law is settled as to what a claimant seeking to establish wrongful termination
must demonstrate. As stated by the Supreme Court in the case of Oforishe V.
N.G.C. Ltd. (2018) 2 NWLR (Pt. 1602) 35 (p. 61, Paras. D-E) stated
thus:
Where
an employee complains that his employment was wrongfully terminated, he has the
onus to prove the wrong by placing before the court, the terms and conditions
of the contract of employment; and proving in what manner the said terms were
breached by the employer. The terms of contract of service are the bedrock of
any case where the issue of wrongful termination of employment calls for
determination.
The
resolution of this issue requires a careful examination of the contractual
framework governing the Claimant's employment, the conduct of the parties
during and after the probationary period, and the applicable principles of law.
The Claimant's employment was governed by the offer of appointment, Exhibit C1,
which placed him on a probationary period of six months from the effective date
of employment, after which his employment would be confirmed if his performance
was satisfactory or determined if it was not. The Mikano Employee Handbook,
Exhibit C7, which formed part of the terms and conditions of employment,
further elaborated on the probationary regime. Paragraph 13 of clause 1.2 of
Exhibit C7 stipulates that the probationary period for regular full-time
employment is between three to six months at Management's discretion, after
which the employee's performance will be reviewed to determine next steps.
Critically, the same provision limits any extension of the probationary period
to no more than a further period of three months, and only where the immediate
supervisor is not satisfied with the employee's performance. If after such
extension the performance remains unsatisfactory, either party has the right to
terminate the employment with two weeks' notice or payment in lieu. Paragraph
1.3 of Exhibit C7 provides that confirmation shall be in writing.
The
Defendant places great store on the requirement that confirmation be in writing
and on the stipulation in Exhibit C1 that confirmation is contingent upon the
Claimant obtaining a satisfactory score in a staff performance evaluation
review and meeting agreed performance targets. The Defendant contends that
these constitute conditions precedent to confirmation, that they were never
fulfilled, and that the court ought not to rewrite the contract for the
parties. This argument, while superficially attractive, fails to account for
the totality of the evidence and the legal consequences of the Defendant's own
conduct. The evidence before the court, which I have already evaluated,
establishes without contradiction that the Claimant completed his six-month
probationary period and continued to work for the Defendant for an additional
six months. During this entire additional period, the Claimant received his
full salary and entitlements, discharged his duties as Head of the Internal
Audit Department without interruption, and received no adverse communication,
no performance evaluation indicating unsatisfactory performance, no letter
extending his probation, and no notice of termination on the ground of
unsatisfactory probationary service. The Defendant, for its part, tendered not
a single document in evidence. DW1 offered no explanation whatsoever for why
the Claimant was retained for six months beyond the probationary period without
any action being taken on his employment status.
The
Defendant's own contractual framework, as set out in Exhibit C7, does not
contemplate an indefinite or open-ended probationary period. It prescribes a
maximum probationary period of six months, extendable by no more than three
months, and mandates a performance review at the end of the initial period. The
Defendant did not conduct any such review, or if it did, it produced no
evidence of it. It did not extend the probation in writing. It did not invoke
the two-week termination clause applicable to probationary employees whose
performance was unsatisfactory. Instead, it retained the Claimant in service,
continued to pay him, and allowed him to function fully in his role for a
period that exceeded even the maximum permissible extension under its own handbook.
The Defendant cannot now shelter behind the formality of a written confirmation
requirement when it failed to discharge any of the obligations that its own
contractual documents imposed upon it at the expiration of the probationary
period. To permit the Defendant to do so would be to allow it to benefit from
its own default, which equity and good conscience will not countenance.
The
law on this point is well settled. In Reliance Telecommunications Limited
V. Adegboyega (2017) 8 NWLR 319, (Pp. 328-329, paras. B-H), the Court
of Appeal held that
Where
an employer keeps his employee in his employment and continues to pay him after
the probationary period had expired, he would be deemed by operation of law to
have confirmed his appointment and the doctrine of estoppel by conduct would
operate to prevent the employer from alleging and treating him as if he was
still on probation, In the instant case, the appellant by its conduct must be
taken to have impliedly confirmed the employment of the respondent. The
appellant having allowed the respondent to continue in his employment beyond
the three months probationary period, paying him all his entitlements and
further making representation via exhibit C5 to third parties affirming that
the respondent was its employee several months after the end of the
probationary period, must be deemed to have waived its rights in insisting on
issuance of a formal letter of confirmation to the respondent. In such
circumstances as obtained in the instant case, estoppel by conduct/representation
can readily be invoked.
The
rationale underlying this principle is founded on the fact that a probationary
period exists to enable the employer to assess the employee's suitability. Once
that period expires and the employer takes no adverse action but instead
continues the employment relationship on the same terms, the employee is
entitled to regard his appointment as confirmed. The employer, by its conduct,
has represented to the employee that his service is satisfactory and that his employment
will continue on a permanent basis. The employer is estopped from subsequently
resiling from that representation. This principle was also affirmed in O.A.U.
V. Onabanjo (1991) 5 NWLR (Pt. 193) 549 and Military Governor of Lagos
State V. Adeyiga (2012) 5 NWLR (Pt. 1293) 291.
The
Defendant's reliance on the principle that courts should not rewrite contracts
for the parties is not misplaced as a general proposition, but it is misapplied
in the circumstances of this case. This court is not rewriting the contract.
Rather, it is giving effect to the legal consequences that flow from the
Defendant's own conduct within the framework of that contract. The contract and
the handbook together create a regime under which the probationary period has a
defined maximum duration, after which the employer must act either by
confirming, extending within the prescribed limits, or terminating. The
Defendant did none of these things. The law steps in to supply the consequence
that the Defendant's inaction naturally produces deemed confirmation. This is
not judicial rewriting; it is the application of established legal principle to
the facts as they emerge from the evidence.
There
is a further telling indicator of the Defendant's own recognition that the
Claimant's status had changed. As established by evidence adduced, the
Defendant paid the Claimant one month's salary in lieu of notice upon
termination. If the Defendant truly regarded the Claimant as a probationary
employee at the time of termination, the applicable notice period under the
handbook was two weeks, not one month. The Defendant's payment of one month's
salary in lieu of notice is inconsistent with its contention that the Claimant
remained on probation and is itself an implicit acknowledgment that the Claimant's
employment had progressed beyond the probationary stage.
I am
therefore satisfied, on the totality of the evidence and on the authority of
the decided cases, that the Defendant's act of retaining the Claimant in
employment for six months beyond the expiration of his probationary period,
continuing to pay his full salary and entitlements, allowing him to discharge
his duties without complaint, and failing to take any of the steps prescribed
by its own contractual documents for dealing with a probationary employee,
amounted to an implied and tacit confirmation of the Claimant's appointment as
a permanent member of staff. The Defendant is estopped by its conduct from
treating the Claimant as a probationary employee. It is therefore the finding
of this court that the claimant appoint was deemed confirmed after the 6 months’
probation period as sanctioned by the terms of employment.
The
Claimant's case is also that as a confirmed employee, he was entitled to three
months' salary in lieu of notice, but was paid only one month's salary. The
mode of termination was therefore not in accordance with the terms applicable
to a confirmed employee and was to that extent unlawful. On this issue Exhibit
C 1 clause 7 stipulates that ‘…Upon confirmation of employment, either
you or the Company may terminate this Contract by giving to the other Three (3)
month written notice to the other party or the Payment to the other of Three
months salary in lieu of notice’.
With
the finding of this court to the effect that the claimant employment was deemed
confirmed, the application of the above stated paragraph of Exhibit C1 becomes
a sin qua non to the termination of the employment of the claimant. The
failure to strictly apply the stipulation in Exhibit C1 stated above by the
defendant makes the termination of the of the claimant employment unlawful to
the extent that it did not comply with the notice provisions applicable to a
confirmed employee,
The 3rd
issue for determination is whether the Claimant has proved his entitlement to
the reliefs claimed, including damages for unlawful termination, outstanding
salary in lieu of notice, general damages, and cost of litigation. I now turn
to each head of relief claimed.
The
Claimant claims the sum of N2,000,000 as outstanding two months' salary in lieu
of termination. The basis of this claim is that as a confirmed permanent
employee, the Claimant was entitled to three months' salary in lieu of notice,
that he was paid only one month's salary in lieu of notice, and that the
balance of two months' salary remains outstanding. The Claimant's gross monthly
salary was N1,000,000 as established by Exhibit C1. The Claimant's evidence
that he was paid one month's salary in lieu of notice is not contradicted. The
Defendant's contention that the Claimant was entitled to only two weeks' salary
in lieu of notice is premised on the Claimant being a probationary employee, a
position which this court has rejected. The Defendant further argues that by
accepting the one month's salary paid, the Claimant is estopped from claiming
the balance. This argument is without merit. Acceptance of a partial payment
does not, in the absence of a full and final settlement agreement or a clear
indication that the payment was accepted in complete satisfaction of the
Claimant's entitlements, operate as a waiver of the right to claim the balance.
There is no evidence before the court of any such agreement or waiver. The
Claimant's entitlement to three months' salary in lieu of notice as a confirmed
permanent employee is established by the terms of the employment. Having been
paid one month's salary, the Claimant is entitled to the balance of two months'
salary, being N2,000,000. This claim succeeds.
The
Claimant claims the sum of N30,000,000 as general damages for sudden cessation
of employment, humiliation, and psychological trauma. The law as it stands now
is that a claimant can claim general damages in appropriate cases where the
conduct of the defendant inflicts hardship or puts the claimant in a position
of helplessness as a result of the defendant unjustified conduct. The claimant
in paragraph 28 of his deposition stated that The Defendant’s conduct in
encouraging me to work for an additional period of 6 months and thereafter
suddenly terminating my employment betrays a deliberate and hidden agenda by
the Company to tap my wealth of experience and to dump me after using me to
equip and train the Audit Unit to international standard. He also testified
that on the day the termination notice was brought to him, the Human Resources
Manager in a very humiliating and degrading manner retrieved from me all
Company’s belongings in my possession immediately on that same day March 3,
2023, including his official staff ID card, HMO card, Sim card, lap-top and even
demanded for the key to his official car. These evidence was not controverted
by the defendant. I must state that to remove a professional man, in this case
a Chartered Account from employment
under the guise of cessation of employment when no allegation of misconduct was
ever levied against him and also abruptly on a working day after holding a
meeting with the Deputy Managing Director on issues not in any way connected to
his competence as an Audit Staff would have thrown the claimant into shock and trauma.
Imagine the scenario where a claimant who left his house and bid farewell to
his wife, returning back home at a time before the normal time of closure of
work to inform his family that he has been booted out of work. Such
psychological trauma can only be imagined. If the defendant had served the
claimant the 3 months notice to terminate the employment, this would have
prepared his mind and within that period minimize his damages by seeking
alternative employment. This was not the case. The defendant without any
indication abruptly terminated the employment of the claimant. In the
circumstances, I am satisfied that the claimant is entitled to general damages
for the abrupt cessation of employment, humiliation, and psychological trauma
occasioned by the unlawful conduct of the defendant. I therefore award the sum
of N5,000,000 as general damages in favour of the claimant under this head of
claim.
The
Claimant claims the sum of N3,500,000 as cost of litigation. This claim is
presented as a separate head of relief in the Complaint. A claim for litigation
costs, when pleaded as a specific monetary sum in the statement of claim,
partakes of the character of special damages and must be specifically proved.
The Claimant has not produced any receipts, invoices, fee notes, or other
documentary evidence to establish the specific legal expenses he incurred in
prosecuting this action. The bare assertion that legal expenses were incurred,
without proof of the amounts actually expended, is insufficient to ground an
award of the specific sum of N3,500,000 claimed under this head. The claim for
N3,500,000 as a specific head of relief for cost of litigation is accordingly
refused.
This
refusal, however, does not preclude the court from exercising its general discretion
to award costs in favour of the successful party. The award of costs is at the
discretion of the court, and the court has the power to award such sum as it
deems fit to assuage the expenses incurred in filing and prosecuting the
action. The Claimant having substantially succeeded in this suit, it is just
and proper that he be awarded a reasonable sum towards his litigation expenses.
I award cost of this action in the sum of N1,000,000 (One Million Naira only)
CONCLUSION
In
the final analysis, the Claimant has succeeded in part. He has established that
his employment was impliedly confirmed by the Defendant's conduct and that the
termination was unlawful in its mode. He has proved his entitlement to the
balance of two months' salary in lieu of notice. He has established the basis
for the award of general damages,
I
hereby enter judgment in favour of the claimant against the defendant in the
following terms:
1.
It is
declared that the Defendant's act of retaining the Claimant in employment for a
period of six months beyond the expiration of his probationary period, without
issuing a formal letter of confirmation, extension of probation, or
termination, amounted to an implied and tacit confirmation of the Claimant's
appointment as a permanent member of staff of the Defendant.
2.
It is further declared that the termination
of the Claimant's employment vide the letter of cessation of employment,
Exhibit C3, was unlawful to the extent that it was carried out without
compliance with the notice provisions applicable to a confirmed permanent
employee.
3.
The Defendant is ordered to pay to the
Claimant the sum of N2,000,000 (Two Million Naira), being the outstanding
balance of two months' salary in lieu of notice.
4.
The Defendant is ordered to pay to the Claimant
the sum of N5,000,000 (Five Million Naira) as general damages for the general
damages for sudden cessation of employment, humiliation, and psychological
trauma occasioned by the unlawful conduct of the defendant.
5.
The
sums awarded in this judgment shall be paid within 14 days from that date of
this judgment failure of which it shall attract post judgment interest at the
rate of 10 percent from the date of this judgment until the judgment sum is
fully liquidated.
Judgment
is hereby entered.
___________________________________
Hon. Justice (Dr.) I. J. Essien
(Presiding
Judge)
REPRESENTATION.
C.T Ajah Esq.with J. O. Igene Esq. I.
Joshua Esq. and T.O.Balogun Esq. for the claimant
C. I. C. Chikwendu Es. With
P.O.Olorunmohunle Esq. for
defendant