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Hon. Justice Hassan Yakubu of the Ibadan Judicial Division of the National Industrial Court has dismissed the case filed by one Ade against Nestle Nigeria Plc, challenging his employment termination for lacking merit in its entirety.
The Court ruled that Ade failed to prove his case against Nestle Nigeria as required by law to be entitled to the reliefs sought.
From facts, the Claimant, Ade, submitted that he was an employee of Nestle Nigeria until his employment was terminated on 25 October 2022.
Ade averred that in September 2022, he applied through the company’s manager for leave to attend to some personal issues and was granted the leave. To his surprise, a day before the very day he was to resume, he was served with a letter terminating his employment with no singular reason given or adduced for such termination.
In defense, the defendant- Nestle Nigeria Plc argued that Ade applied for 1 (one) day leave from his annual leave, and failed to resume work on 10th September, 2022 or anytime thereafter, and that Adeniyi was unilaterally absent from work and abandoned his work for a period of over 6 (six) weeks from 10th September 2022.
The Nestle Nigeria Plc averred that the termination of Ade's employment was not wrongful, illegal, harsh or inhuman but was done in accordance with Adeniyi’s contract of employment.
The company stated that Ade had been fully paid his entitlement and out of her magnanimity, Adeniyi was paid even for the period of his absence from work, and urged the Court to dismiss the case in its entirety.
In opposition, Ade's Counsel contended that Nestle Nigeria Plc breached the Employees Handbook, which formed part of the contract of employment and ought to have given his client a fair hearing and equally observed all the provisions and the laid down procedures in the Employees Handbook for the termination of Adeniyi’s employment.
Reply on Points of Law, counsel to the firm, stated that Ade’s entitlement had been paid and that no further damages are justified and urged the Court to so hold.
In a well-considered judgment, the trial Judge, Justice Hassan Yakubu reiterated that an employee challenging his dismissal or termination of his employment must plead, prove and establish his case on the condition of service as applicable to both master and servant employment and employment protected by statute.
Justice Yakubu held that Ade did not place anything before the Court to show how the procedure for termination of his employment as contained in Employees Handbook were breached, as the law is settled that a Claimant seeking for a declaratory relief must succeed on the strength of his own case and not on the weakness of defence.
“To this end, therefore, it is my considered opinion in the light of the foregoing that, the Claimant has failed to prove his case as required by law to be entitled to the reliefs sought. In that respect, I hereby resolve the issue for determination against the Claimant and in favour of the Defendant and hold very strongly that the Claimant has failed to discharge the Onus of proof placed on him.” – The Court ruled.
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