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Hon. Justice Yakubu Hassan of the Ibadan Judicial Division of the National Industrial Court has ordered Macmillan Publishers to pay its former Staff Mrs Olusola the sum of N2,652,699.00K (Two million six Hundred and Ninety-Nine Naira) being all her accrued entitlements including one month salary in lieu, salary arrears, pension, monthly thrift/cooperative savings, unpaid leave bonuses, payment to retirement scheme and gratuity based on her Monthly/Annual Emolument within 30 days.
The Court held that Mrs Olusola has proved her case as required by law and awarded the sum of N500,000.00 (five hundred thousand naira) as general damages against Macmillan Publishers.
From facts, the claimant- Mrs Olusola had submitted that she was an employee of Macmillan Publishers until she was disengaged vide a letter dated 20th May 2019 after fourteen (14) years of active and diligent service.
Mrs Olusola averred that all her entitlements including salary in lieu, salary arrears, pension, monthly thrift/co-operative savings, unpaid leave bonuses and payments to retirement scheme and gratuity based in the sum of N2, 652, 699.00k (Two Million, Six Hundred and Fifty-Two Thousand, Six Hundred and Ninety-Nine Naira) were yet to be paid and urged the Court to grant the reliefs sought.
However, the defendant- Macmillan Publishers failed to enter an appearance or defence despite receiving the court process.
The learned counsel to the claimant, O. J. Oghiator argued that any facts not controverted, denied or challenged are deemed admitted that the firm had ample time to challenge his client’s evidence but failed to do so; and urged the Court to grant the reliefs sought.
In a well-considered judgment, the Presiding Judge, Justice Yakubu Hassan held that the facts pleaded by Mrs Olusola and the evidence adduced are unchallenged and uncontroverted, and Mrs Olusola has proved the reliefs sought as required by law.
The Court held that Macmillan Publishers cannot unilaterally deviate or vary the content of its conditions of service under whatever guise and that all the terms and conditions of the contract stated in Macmillan's conditions of service remain the existing and binding terms of the contract between the claimant and the Defendant as at time Mrs Olusola was disengaged.
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