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The Administrative Judge, Lagos Judicial Division of the National Industrial Court, Hon. Justice Maureen Esowe has dismissed the case filed by one Kingsley against Incorporated Trustees of Kingsway International Christian Centre (KICC), challenging his entitlement claim for lacking merit.
The Court ruled that Kingsley’s contract of employment does not provide for entitlement to gratuity or long service exit benefit, that the KICC’s staff handbook, which provides for gratuity limits eligibility to employees who voluntarily resign or retire and the availability of operational costs for a year in a branch of the incorporation.
From facts, the Claimant- Kingsley had submitted that termination of his employment was in breach of the KICC’s handbook and that the KICC failed or refused to pay him his gratuity or long service exit benefit.
Kingsley asked for AN ORDER that KICC immediately pay him the sum of N2,471,394.14 (Two Million, Four Hundred and Seventy-one Thousand, Three Hundred and Ninety-four Naira, Fourteen Kobo) being his gratuity/long service exit benefit amongst others.
Learned Counsel to Kingsley argues that the KICC handbook provides for payment of gratuity to an employee who resigns or retires, provided the employee was not sacked because of misconduct, computed as one month of the last basic salary for every year worked as a full-time staff, and urged the Court to grant the reliefs sought.
In defence, the defendant- Incorporated Trustees of Kingsway International Christian Centre- maintained that Kingsley’s employment was terminated in accordance with the KICC staff handbook, that Kingsley is not entitled to the payment of gratuity, following the termination of his employment because he was summarily dismissed.
The counsel to KICC argued that the KICC staff handbook, which Kingsley calls on the Court to interpret sets a condition precedent for eligibility to gratuity, being resignation or retirement. But in the instant case, it was the Centre that terminated Kingsley’s employment and urged the Court to resolve the issue for determination in favour of the Incorporated Trustees of Kingsway International Christian Centre and dismiss the Originating Summons.
In the Reply on Points of Law, Learned Counsel to Kingsley argued that the Incorporated Trustees of Kingsway International Christian Centre tried to limit the eligibility to gratuity/long service exit benefit to employees who disengage from the KICC employment by retirement or resignation, that the laws of interpretation require a document, contract or enactment to be read as a whole, not by a section, in isolation from other parts.
Delivering judgment after careful evaluation of the submission of both parties, the Presiding Judge, Justice Maureen Esowe reiterated that in a written or documented contract of service, the Court will not look outside the terms stipulated or agreed therein in deciding the rights and obligations of the parties.
Justice Esowe stated that the evidence before the Court clearly indicates that the KICC terminated Kingsley’s employment vide its letter dated 14.08.2023, and that Kingsley did not voluntarily resign or retire to entitle him to gratuity payment.
The Court held that Kingsley’s cannot by any stretch of imagination, lure the Court to import meanings or words into the clear wording of paragraph 7.5.1 of the KICC handbook.
Justice Esowe held that Kingsley has not satisfied the Court that he is entitled to gratuity or long service exit benefit as per his contract of employment, and the Court do not make orders in vain.
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