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The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Justice Bashar Alkali has declared that the termination of Mr Emad's employment by Ronchess Global was done in breach of the terms and conditions of the offer of employment.
The Court ordered Ronchess Global to pay Mr Emad the sum of Twenty-Two Thousand United States dollars ($22, 000) being arrears and outstanding salaries, Four Thousand United States dollars ($4,000) One Month's salary in lieu of notice, and the sum of Five Hundred and Ninety-Nine Dollars Seventy-Eight Cents (USD 599.78) being the ticket from Mr Emad’s annual leave within 30 days.
Justice Alkali further awarded the sum of N5,000,000.00 (Five Million Naira) as general damages against Ronchess Global for breach of contract and unfair labour practice.
From facts, the claimant- Mr Emad had submitted that after he returned from his approved annual leave at his own cost contrary to the offer of letter of employment, he did not receive any communication from Ronchess Global regarding his work schedule warranting him to make inquiries from the firm vide an email and payment for salary arrears which were pending.
Mr Emad averred that he was shocked to receive an email from the Defendant purporting to terminate his Contract on the ground that he made a voluntary decision to proceed on leave at the expense of a new project the company was dealing with.
Mr Emad stated that Ronchess Global neither gave him one month's notice nor paid him salary in lieu of notice before terminating his employment, and outstanding Monthly allowance totalling the sum of N1,100,000.00.
In defence, the defendant- Ronchess Global argued it approved Mr Emad's leave which is also subject to the provision of the return ticket as stated in the Offer of Employment, that it only became aware when the claimant's number could not be reached that he had without its knowledge hurriedly decided to travel without requesting or waiting for a return flight ticket and was thereby surprised to see his e-mail requesting for a flight ticket to return to Nigeria.
Ronchess Global averred that Mr Emad’s Offer of Employment provides for one month's notice or one month's salary in lieu of notice in case of termination, only when the employment has been duly confirmed.
In opposition, learned counsel to Mr Emad argued that his client stayed in the employment of Ronchess Global beyond the Six-month probation period, and argued that an employee on probation is considered a confirmed employee if his or her employer keeps him or her after the probation period ends without informing him or her of the results of the probationary test or terminating his or her job.
The counsel maintained that there is no evidence before the Court by the firm that they complied with the stipulation of the employment letter on termination of employment, and urged the Court to grant the reliefs sought.
In a well-considered judgment, the Presiding Judge, Justice Bashar Alkali held that without communication of the termination of the employment of Mr Emad, the defendant had constructively terminated the employment of Mr Emad.
The Court stated that the defence of Ronchess Global on the assertion that Mr Emad’s employment with the firm has not been confirmed, and he is not entitled to written notice or salary in lieu of notice was erroneous.
Justice Alkali reasoned that the terms of employment which created the employment relationship between the parties were entered into on the 22nd of March 2022, and Mr Emad became aware of the termination of his employment on the 26th of September 2023, which means that Mr Emad worked with the Defendant for more than six (6) months probationary period.
The Court reiterated that an employee is not at the employer's mercy for the confirmation of employment and that the agreement of a party to a contract which is not fraudulent should be honoured by gentlemen.
The Court held that Ronchess Global breached Mr Emad’s terms of employment by not giving him a month's written notice or a month’s salary in lieu.
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