Hon. Justice Salisu Danjidda of the National Industrial Court, Lagos Judicial division has granted an order compelling H.T. Group Limited to pay her former employee, Ogunleye Peter the sum of N2,450,000.00 (Two Million, Four Hundred and Fifty Thousand Naira) being salary arrears from the period of June 2018 to December 2018.
The Court ruled that Mr. Ogunleye Peter has been able to prove his case on a minimal proof and is entitled to the relief granted.
Justice Danjidda awarded the sum of N100,000 (One Hundred Thousand Naira) as cost of action against the firm.
From facts, the Claimant- Mr. Ogunleye Peter had averred that he had worked for H.T. Group Limited for 7 years but the firm has failed to pay his 7 months’ salary and therefore asked for certain declarations and orders.
Mr. Ogunleye submitted that he was compelled to resign from the company because he could no longer perform his financial obligation towards his family as he was not paid his salaries and all effort to get his entitlements proved abortive.
However, despite service of hearing notices, the firm did not file any defence to the case nor appeared to cross-examine the Claimant, a counsel once appeared for the Defendant when the matter came up for the first time but the counsel never appeared again.
The claimant learned counsel, Nnamdi Anoka Esq maintained that his client has proved his entitlement to the relief sought and urged the court to grant same.
In its well-considered judgment, the presiding Judge, Justice Salisu Danjidda held that the failure on the part of a firm to give evidence does not exonerate Mr. Ogunleye from proving his case under the minimal evidence rule.
In all, the Court ruled that Mr. Ogunleye has been able to prove his case on a minimal proof, and ordered that the Judgment sum shall attract 10% simple interest per annum until it is fully liquidated.
