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Lagos---His Lordship, Hon. Justice Dele Peters of the National Industrial Court of Nigeria, Lagos Judicial Division on Thursday 28th June 2018 in a landmark Judgment ordered MTN Nigeria Communications Limited to pay Mr. Zephaniah Ishie –Claimant- the sum of =N=21,648,576.34 (Twenty One Million Six Hundred and Forty Eight Thousand Five Hundred and Seventy Six Naira and Thirty Four Kobo) as terminal/end of service benefits and his bonus pay for the year 2015 and the payment of N5,000,000.00 as general damages for the breach of contract and wrongful termination, injury, emotional trauma, mental and physical torture suffered by the Claimant within 30 days.
The Claimant approached this Court on 22/7/15 and by his amended statement of facts dated 7/10/16 sought among other reliefs; The sum of =N=21,648,576.34 (Twenty One Million Six Hundred and Forty Eight Thousand Five Hundred and Seventy Six Naira and Thirty Four Kobo) as terminal/end of service benefits from the Defendant. Interest at the rate of 28% (Twenty Eight Percent) on the sum of =N=21,648,576.34 (Twenty One Million Six Hundred and Forty Eight Thousand Five Hundred and Seventy Six Naira and Thirty Four Kobo) with effect from 5th June, 2015 till judgment is delivered in this suit and Interest at the rate of 28% per annum for the balance of the loan facility obtained by the Claimant from First Bank of Nigeria Plc. with effect from 5th June, 2015 (the Claimant’s employment termination date) till whenever the said balance on the loan is paid, likewise the sum of =N=95,000,000.00 (Ninety Five Million Naira) as general damages.
The case of the Claimant as revealed from the pleadings filed is that he was employed by the Defendant in 2004 that as result of the defective contract and appraisal he was wrongfully asked to proceed on performance improvement programmer (PIP); that he proceeded on compassionate leave when he lost his mother and later took his annual leave on 4/6/15 when his employment was terminated on the 5/6/15 in breach of his contract of employment; that the Defendant’s Board of Directors approved a policy of payment of terminal/end of service benefits or severance package for its employees in 2013; that since then all the employees of the Defendant that have left its employment have been paid the severance package; that he is also entitled to the payment of the severance package upon the termination of his employment, but that the Defendant failed or refused to pay him the said severance package; that the Defendant made an undertaking in 2014 to repay a loan facility of =N=15Million to First Bank from his terminal/end of service benefits and that the Defendant breached this undertaking by failing or refusing to repay the said loan from his terminal/end of service benefits.
It is also the position of the Defendant that the Claimant’s contract was terminated in accordance with the employment contract and all other laid down procedures and that the Claimant is not entitled to terminal/severance package/end of service benefits beyond the amount already paid to him.
Learned Counsel submitted that the contract of service is the foundation upon which any aggrieved party must found his case, Counsel prayed the Court to hold that the termination of the employment of the Claimant was in accordance with the applicable terms and conditions.
Finally, learned Counsel submitted that no wrong has been committed by the Defendant against the Claimant to warrant award of general damages. Learned Counsel prayed the Court to dismiss the case of the Claimant.
After reviewing the argument, affidavits, processes filed, oral testimonies and the submissions of learned Counsel for the parties, the Court Presided by Hon. Justice Dele Peters expressed thus;
“I carefully perused and evaluated the exhibit. I found no provision relating to payment of severance or terminal benefit to the Claimant…
“I found from evidence led that the Defendant has a policy of paying severance or terminal benefit to its former employee at the point of disengagement. I further find that notwithstanding the content of the contract of service between the parties, the Claimant is entitled to be paid severance benefit. I resolve the first issue in favor of the Claimant and against the Defendant.
“Again, the response of the Defendant is that the Claimant is put to the strictest proof thereof without more. This mode of traverse is not sufficient. If the Defendant paid same, all it needed do was to show evidence of such payment and that puts an end to the controversies. That was not done. I find this head of claim proved. Accordingly, the Defendant is ordered to pay to the Claimant the sum of =N=21,648,576.34 (Twenty One Million Six Hundred and Forty Eight Thousand Five Hundred and Seventy Six Naira and Thirty Four Kobo) as terminal/end of service benefits and his bonus pay for the year 2015.
“Considering the entire circumstances of this case coupled with the attitude and conduct of the staff of the Defendant and the treatment meted to the Claimant I find and hold that the Claimant is entitled to general damages assessed in the sum of =N=5,000,000.00 only.
“The Defendant is thus ordered to pay to the Claimant the sum of =N=5,000,000.00 as general damages for the Defendant’s breach of contract and wrongful termination, injury, emotional trauma mental and physical torture suffered by the Claimant.
“All the sums due under and by virtue of this Judgment shall be paid within 30 days from today and shall thereafter attract interest at the rate of 15% per annum until final liquidation.
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