Media
- Home
- Details
Akure –His Lordship, Hon. Justice A. A. Adewemimo of the National Industrial Court of Nigeria, Sitting in Akure, on Thursday 28th March 2019 in a judgment validated the employment termination of Mr. Bodunde Kehinde by Jojein Hotels & Resort.
The court held that there is no valid contract of employment placed before the court to enable the court determine the rights of the parties, that the claimant has failed to prove his case by preponderance of evidence, as provided for in Section 131 of the Evidence Act,2011.
The Claimant by a Complaint before this Court on the 28th December 2017 claimed against the Defendants among others; A Declaration that the termination of claimant’s employment without just cause amounts to a breach of contract. Sum of three hundred and ninety-six thousand, eight hundred Naira (N396, 800.00) being arrears of salaries for five months owed to the Claimant.
Likewise, Sum of one million, four hundred and forty thousand Naira (N1, 440,000.00) loss of earning for two years, pending re-employment and Sum of two million Naira (N2.0m) general damages.
From fact, Claimant was employed as an Electrical Maintenance Officer and the employment was regularized dated 10th January 2016. He averred that his letter of appointment was withdrawn from him by the Defendant and he only retained a photocopy of the letter.
He averred that on 25th of September, 2017 the defendant terminated his employment without due process while he was been owed arrears of salaries and allowances for five months (i.e. April to September 2017).
He also alleged that the defendant unilaterally cut his salary from N60,000.00k to N25,000.00k per month, hence the instant suit.
The defendant filed its statement of defence averred that the allegation of facts contained in the statement of facts are false, it admitted that the claimant was placed on a monthly salary of N25,000.00(Twenty five thousand Naira) only.
The defendant denied owing the claimant any salary, and that sometimes in September 2017 the claimant was suspected of unethical behavior, issued query and failed to respond to same. The claimant subsequently stopped going to work causing the defendant to terminate his employment.
The defendant submitted that the available evidence cannot sustain the claim of the claimant, therefore urged the court to dismiss the case.
Victor Olatoyegun Esq. counsel for the claimant in his final written address sought for determination whether or not the Defendant is owing the Claimant unpaid salaries and benefits to entitle the Claimant to receive arrears and balance of salaries from the Defendant? whether there is a breach of contract between the Claimant and Defendant to entitle the Claimant to damages?
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice A. A. Adewemimo held that appointment letter tendered by the claimant cannot qualify as a valid letter of appointment as it is an incomplete, disjointed and unsigned document, and not admissible in law.
“Having held that there is no valid contract of employment placed before this court to enable the court determine the rights of the parties in this suit, the claimant has failed to prove his case by preponderance of evidence, as provided for in Section 131 of the Evidence Act,2011. The claim for breach of contract therefore fails. I so hold.
“The argument of Claimant Witness that the arrears for these 5 months should be calculated on the basis of N60,000.00K per month is unmeritorious because of lack of evidence in proof of this assertion and I find no basis to uphold same.
“This is so particularly in view of the admission of both parties that the last paid salary of the claimant was N25,000.00k, and in the absence of superior evidence i.e documentary evidence in prove of this assertion, I hold therefore that his salary with the Defendant was N25,000.00 per month." Justice Adewemimo Rules
The court declared that the termination of claimants’ employment is not wrongful, ordered defendant to pay the sum ofN125,000.00K (One Hundred and Twenty-five thousand Naira) being arrears of salaries for five months owed to the claimant by the defendant within 30 days.
