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IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

BEFORE HIS LORDSHIP: HON. JUSTICE S.A.YELWA…….JUDGE

SUIT NO.NICN/LA/245/2023     THIS 29TH DAY OF OCTOBER; 2025

BETWEEN:

MRS. REGINA EBAN………………………………….. ….CLAIMANT

AND

VONO FURNITURE PRODUCTS LTD

MR. RAJI SHINA------------------------------- ----                              DEFENDANTS

 

JUDGMENT

The claimant in this case took out this case by way of General Form of Complaint dated 22/8/2023 and filed on the same day accompanied with the Statement of Facts and all other supporting processes and documents against the defendants. By the leave of this court sought and obtained, the defendants filed a conditional memorandum of appearance along with statement of defence and all other related processes and documents.

Gathered from the claimant’s processes, it is the claimant’s case that she was at all material times a customer service executive in the employment of the 1st defendant until the 31st March, 2023 when she was constructively discharged by the 2nd defendant, who acted on behalf of the 1st defendant and till date remains the operations manager of the 1st defendant. Claimant states that in the course of events that led to the constructive discharge from her employment, the extant provisions of the law and 1st defendant’s Handbook for Human Resources Policies, practice and procedures, 2013 regarding the termination were ignored. Claimant contends that hat her job specification in the 1st defendant are enormous and, while in the course, the 1st defendant offered employment to the claimant by a letter dated 19/12/2018 and subsequently, confirm her appointment, effective from 1st November, 2019. However, on request of the 2nd defendant, the claimant was constrained to tender her resignation which she did all that was required of her and then exited the 1st defendant. Claimant further contends that based on exchange of several mails with the Finance and Administration Manager of the 1st defendant and her invitations to the office, she was refused payment of her due entitlements.

In all respects, claimant alleged discrimination in her treatment by the 2nd defendant. The claimant stated that she employed all necessary means in engaging the defendants to avoid litigation and its attendant cost which was ignored by the defendants, however, as a recourse, she filed this suit alternatively, claiming against the defendants jointly and severally as follows:

  1. 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 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.
  2. 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.
  3. A declaration that the defendants having constructively discharged the claimant from her employment with the 1st defendant, the 1st defendant is liable to pay the claimant her gratuity and all her entitlements.
  4. A declaration that the positive representations made by the 2nd defendant at the time of the claimant’s forced resignation, at the meeting of 17th April, 2023 and as contained in the email dated 6th April, 2023 by the Finance and Admin Manager of the 1st defendant, all indicating that the claimant’s entitlement is being processed for payment, gave rise to an expectation interest in the claimant.
  5. A declaration that by the terms of the contract of employment contained in the offer letters dated 28th February, 2018, 23rd October,2019 and 1st defendant’s operating Handbook for Human Resources, policies, practice and procedures, 2013, the claimant satisfied the stipulated five years qualification requirement for gratuity payment.
  6. An order of this Honourable court setting aside the claimant’s purported resignation
  7. An order of this Honourable court directing the defendants to pay the sum of N651,503,312 to the claimant being her gratuity in accordance with the terms of her contract of employment.

 

ALTERNATIVELY;

Computation and payment of the claimant’s gratuity by the defendants in accordance with Appendix 3, paragraph 10.1 of the 1st defendant’s operating Handbook for Human Resources Policies, Practices and Procedures, 2013 for the claimant’s years of service.

  1. An order of this Honourable Court, directing the defendants to pay the sum of N174,542.28 to the claimant, being leave allowances for the 2022/2023 financial year, beginning 1st Cctober,2022.
  2. An order of this Honourable court directing the defendants to pay the sum of N305,331.18 to the claimant being two months basic salary in lieu of notice as stipulated in the 1st defendant’s operating Handbook for Human Resources Policies, Practices and Procedures, 2023, forming part of the contract of employment between the parties.
  3.   An order of this Honourable court directing the defendants to pay the sum of N663,327.95 to the claimant as special damages for breach of the claimant’s contract of employment with the 1st defendant, being salaries, the claimant would have been entitled to, under the contract of employment until the time of her action.
  4.   Interest on claims 6,7and 8 at 10% per annum until same is liquidated.
  5.   The sum of N5,000,000.00 as general damages for breach of the contract of employment and for the claimant’s wrongful discharge.
  6.   Cost of this action, assessed at N750,000.00

The defendants, in their joint statement of defence, denied each and every allegation of facts contained in the claimant’s statement of facts, wherein asserted that the claimant was offered a fixed term of contract of employment as a customer service Executive for a one year period which ended or became terminated by effluxion of time and the 2nd defendant is a staff of the 1st defendant and therefore not liable to the claimant’s claims. However, the defendants stated further in their defence that at a further relationship the claimant was given a full pledged employment with effect from 1/1/2019, but subsequently her performance became poor and the claimant voluntarily, without any compulsion or duress, resigned without giving one month requisite notice period or paid one month salary in lieu of notice to the 1st defendant. 1st defendant contended, that it is not owing entitlements of the claimant.

The defendants stated moreover that the totality of the claimant’s reliefs are not grantable as such, the claims being baseless and gold digging and this court was urged to dismiss same.

 By way of counterclaim, the defendants counterclaimed against the claimant upon which sought for:

  1. An order directing and mandating the claimant to pay to the 1st defendant, one month salary in lieu of notice in the sum of N13O,300.66 for failure of the claimant to give to the 1st defendant one month notice of termination of her employment.
  2.  An order that the 1st defendant is entitled to the sum of N2,000,000.00 being business and financial losses suffered, resulting from claimant’s deliberate refusal to handover properties, i.e laptop and car in her possession, after her voluntary resignation from 1st defendant’s employment on 31/3/2023 for about two weeks.

TRIAL:

 

Upon exchange of pleadings, the claimant opened her case in trial on 22/10/2024. Claimant testified in her case as CW1. She adopted her witness statement on oath, sworn to on 22/8/2023 and in the course tendered in evidence 13 documents which were admitted in evidence and marked as a bundle of 13 exhibits being EXHIBITS CW1-CW15 respectively.

They are:

  1. Letter of appointment, dated 28/2/2018- Exhibit CW1
  2. Letter of appointment dated 19/12/2018---CW2
  3. Letter of confirmation of appointment----CW3
  4. Defendant’s email dated 6/4/2023---CW4
  5. Claimant’s email dated 6/4/2023-----CW5
  6. Defendants email dated 6/4/2023----CW6
  7. Claimant’s email dated 6/4/2023----CW7
  8. Handbook, 2013------CW8
  9. Audio Recording, made on 17/4/2023---CW9
  10. Claimant’s solicitor’s letter----CW10
  11. Letter dated 4/5/2023 from 1st defendant----CW11
  12. Claimant’s solicitor’s letter dated 14/8/2023
  13. 1st defendant’s Appraisal letters---CW13
  14. Claimant’s Bank Alerts dated, denoting salary for March, 2023----CW14; and
  15. Solicitor’s Invoice dated 20/4/2023----CW15

CW1 was cross examined by the counsel for the defendant during which, the letter of the claimant’s resignation was tendered in evidence and admitted as Exhibit DX1. The case was the closed at the instance of the claimant.

On 10/2/2024, at the next resumed date. Claimant’s counsel informed the court that the parties have resorted to settling the matter and sought to adjourn for the conclusion of the settlement bid. This court adjourn the matter to 13/10/2025 for report of settlement or further trial.

On the next adjourned date, 2nd defendant who represented the 1st defendant as it’s General Manager, adopted both his witness statement on oath which he deposed to on 18/10/2023 as his evidence in chief for the defendants and proceeded to adopt the terms of settlement he as well signed for the defendants. The terms was duly executed and  filed. Counsel on both sides similarly adopted the said terms and prayed the court to adopt and enter judgment as per the terms of the settlement.

 

 DECISION OF THE COURT

I took time to read through all the processes filed in this suit. I also listened to the witnesses and examined the exhibits as well as the Terms of settlement dated 17/6/2025 having been duly executed by the parties and their counsel. It is my considered view that I need not to proceed to determine this case on the strength of the case as it is presented by the parties since the entire proceedings is now superseded by the terms of the settlement of the case entered into by the parties. Upon review of the case generally while considering the need for this court to encourage parties in their zeal to settle to make amicable settlement of their cases at any stage even if it is after judgment. In the instant case, I find the terms of the settlement entered into and filed to represent the minds of the parties. For the avoidance of doubt, I hereunder reproduce the terms of the settlement, viz:

  1. That based on appeal and intervention of counsel, the 1st defendant (Vono Furniture Products Limited) has agreed to pay the claimant the sum of N2,500,000 (Two Million, Five Hundred Thousand Naira) by way of Bank Draft in favour of the claimant’s solicitors David E. Idang Esq in full and final settlement of all claims and expenses  without accepting liability for wrongful discharge of the claimant.
  2. That the 1st Defendant shall pay the aforementioned sum of N2,500,000 to the claimant, immediately following the endorsement of this terms of settlement by the parties herein. The said terms of settlement shall thereafter be presented to court for adoption as the judgment of the Honourable court.

It is further agreed as follows:

  1. These terms of settlement as embodied in this settlement agreement shall be binding on the parties herein upon signature of their respective authorized representatives who shall also initial each page of the settlement document to affirm and confirm that such clause (s) accurately reflects the settlement terms.
  2. These terms of settlement constitute the definitive agreement of the parties on the subject matter hereof and supersedes, cancels and annuls all prior agreements, understandings representations and undertakings relating to the subject matter, hereof.
  3. The signatories to this agreement, jointly and severally agree that they are duly authorized to enter into this agreement for and on behalf of the parties herein.
  4. Parties shall bear their respective cost of this action.
  5. These terms of settlement shall be the consent judgment of this Honourable court in this suit.

 

 It becomes clear that the terms is in full compliance with the provisions of Order 42 Rules (2) & (3) of the Rules of this Honourable Court 2017 and Section 20 of the NIC ACT, 2006.

It is in this regard that I hereby enter the terms of the settlement signed by the parties and their respective counsel dated 17/6/2024, but filed on 24/6/2025 and adopted in court on 13/10/2025 as the judgment of this court.

 

Judgment is accordingly entered.

 

 

                ………………………………………………

HONOURABLE JUSTICE S.A.YELWA

(JUDGE)