...ompelled the claimant to resign her employment with the 1st defendant against her will is wrongful, oppressive and an unfair labour practice in breach of section 254C (1) (f) of the 1999 Constitution (as amended) and Article 4 of the ILO Convention No.158 of 1982. A declaration that the action of the 2nd defendant whereby the 2nd defendant compelled the claimant to resign her employment with the 1st defendant against her will amounts to a constructive discharge. A declaration that the ...

...ith a witness deposition on the 2/8/2022. On the 17/10/2022, the claimant filed a reply to the statement of defence along with a further witness deposition on the 17/10/2022. Hearing in this suit commenced on the 25/6/2024. The claimant testified as CW1. He adopted his witness depositions and went on to tender the following documents in evidence;   Offer of appointment is Exhibit CW-1 Letter date 19/10/2001 is Exhibit CW-2 Contract of service is Exhibit CW-3 Union Ba ...

...e of cause of action robs the court of jurisdiction to entertain the claim against the Applicant.  By virtue of Section 254C (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and Sections 7 (1), 21 and 54 of the National Industrial Court Act 2006, the National Industrial Court is vested with jurisdiction over employer-employee relationship throughout the Federation. The Applicant, a foreign company and at all material times resident or doing business Outside ...

...aths of the claimant were filed on the same day. In essence pleadings were filed, exchanged and closed. CLAIMANT’S CASE It is the case of the claimant as per her pleadings and evidence given that as a qualified and registered nurse in Nigeria, she was employed by the 1st defendant in March, 2021 and that upon the said employment, her appointment was permanented and regularized from temporary to a permanent one by a letter dated 20/8/2021.      While at wo ...

...dated October 19, 2022, which the Defendant accepted by its email of the same day. Claimant maintained that the Defendant did not pay the Claimant’s October 2022 salary and failed to remit her pension contributions for July to October 2022 to Stanbic IBTC. Legal demand letter by Messrs G. U Ukachi & Co and subsequent interventions by the Office of the Public Defender (OPD) to the defendant were ignored by the Defendant. Despite OPD’s intervention in July 2023, the Defendant&rsqu ...

...claimant underwent a two (2) weeks induction exercise/training where she was duly and properly trained on all aspects of the job at the packaging unit including the safety rules and protocols applicable in the defendant’s factory. Defendant stated that the scope of duty of the Claimant upon employment was limited to packing of wrapped biscuits into the designated boxes/cartons for outward delivery and has no duty or interference with the operations of any production machine. Defendant ...

...as a result of the termination of his employment by a letter dated 25/4/2022 despite his 6 years of service to the defendant, he donated a power of attorney to Barr Sunday Elimihe to recover all his entitlements and bonuses from the defendant on his behalf comprising of N44,000,000=being the balance of his terminal benefits and also annual bonus of N7,000,000= for a period of 6 years.  Claimant averred that the Defendant argued that a letter dated November 1, 2021, nullified the July 2017 ...

...nancial hardship and socio-economic discomfort suffered by the Claimant due to withholding of his entitlements by the Defendant  Cost of the action assessed at N5,000,000.00 In response, the Defendant entered appearance and filed its Statement of Defence and Counterclaim dated and filed on 19th March 2024. The Claimant in response thereof, filed a Reply and Defence to Counterclaim dated and filed on 5th June 2024. CASE OF THE CLAIMANT.  The Claimant’s case as can be gle ...

... Offer of Employment is exhibited as Exhibit Á” to the motion. A written address of counsel for the Applicants is also filed along with the motion wherein counsel raised 2 issues, for determination to wit: 2. Whether this Honourable Court ought not to expunge/strike out paragraphs 11, 12, 15, 16 and 22(f) of the statement of Facts dated 8/10/2024 for containing material allegations against persons who are not parties to this suit. With leave of this court, given on 17/2/2025 t ...

...ue, Chioma Nwagboso, at a hotel restaurant on 10th May 2023. This incident led to an investigation by the Defendant’s engaged law firm of Olajide Oyewole LLP. The Claimant was asked to provide a statement in turn taken as Exhibits CW7-CW8. The investigation report (Exhibit CW9) raised five allegations against the Claimant. The Claimant responded vide Exhibit CW11 , but her explanation was deemed unsatisfactory.  A disciplinary hearing was held on 7th July 2023, resulting in a ...

...n his way to the court for the motion. It was on this basis and at the instance of the applicant’s counsel, that the motion was adjourned for hearing to 26/5/2025.   On 26/5/2025 when the motion came up for hearing, O.E. Aigboje esq lead counsel announced appearance for the Respondent while there was no legal representation for the Applicant at the material time, however, it was in the course of the proceedings Onyebuchi Oniko Esq. later announced appearance for the applican ...

...E CLAIMANTS The Claimants’ case briefly put, is that they were former employees of the 1?? Defendant who were placed on redundancy in March 2013 and during their employment, they were also members of the 2?? Defendant, a registered body representing senior staff in the Oil and Gas industry. A Collective Bargaining Agreement (CBA) was signed between the 1?? and 2?? Defendants on July 1, 2011, which included provisions Clause 22, lines 8–9 for calculating redundancy packages.  ...