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Lagos---His Lordship, Hon. Justice B. B. kanyip of the National Industrial Court of Nigeria, sitting in lagos on Monday 16th July 2018 in a judgment dismissed suit againt Aero Contractors Nigeria Limited for lacking merit and upheld the counter claim of the sum of N92,329.09 being the unpaid balance of the housing loan owed by the Segun Arogundade (claimant) within 30 days.
The claimants had filed this suit on 11th December 2015 sought against the defendant the following reliefs among others: A Declaration the purported termination of the claimant’s contract of employment by the defendant dated 11th August 2015 is illegal, null and void and An order reinstating the claimant as an Assistant Accountant and directing an accelerated promotion of the claimant to the position of an Accountant he would have attained if the defendant had not stagnated his growth in Aero contractors.
In reaction, the defendant filed its defence processes with a counterclaim for An order directing the claimant to pay to the defendant/counterclaimant interest on the unpaid balance of housing loan at 21% per annum from 11th August 2005 until judgment in this suit is delivered and 10% thereafter until the judgment debt is finally liquidated.
The claimant was a staff of the defendant. On 15th July 2010, the claimant applied for a Business Recovery Plan-Unpaid Leave without pay option to enable him further his study leading to award of Masters in Business Administration (MBA) in Dublin, Ireland. On the 2nd August 2010, the defendant granted his application and On 14th July 2011 he subsequently applied for an extension of six (6) months vide an application dated 14th July 2011.
In response to his application for extension, he received a letter of response from the defendant dated 21st July 2011. At the completion of his study abroad, he sent a mail dated 1st February 2012 informing the company of his intention to resume in April 2012. He also sent a fresh application for resumption of official duty on 22nd May 2012 but when he did not receive any response from the defendant on his earlier mail of 21st July 2011, he sent a reminder dated the 10th September 2012 to the defendant. The defendant only responded to his various mails/letters for resumption sent vide a letter dated 7th July 2015. The claimant stayed at home for 39 months expecting to be called at any moment even at the expense of lucrative jobs offers.
On 11th August 2015, the defendant purportedly terminated the contract of employment. To the claimant, the said termination has caused him grave hardship and trauma. He could not complete his course of study as he could not defend his thesis due to time constraint in order for him to resume at his official duty post in Nigeria. He was awarded Post Graduate Diploma (PGD) as against Master in Business Administration (MBA) which he initially applied for. That as a result of waiting for 39 months he lost so many jobs offers from other companies.
The defendant denied any liability for the reliefs claimed by the claimant that the claimant opted for unpaid leave and so was not entitled to any salary. That the 6 months addition leave granted to the claimant as on the condition that his reabsorption upon his return to the country will not be automatic but will be subject to availability of vacancy. That the claimant accepted this condition. That beyond the 6 months extension it granted, the claimant unilaterally granted himself a further extension from the due resumption date, which was supposed to be 2nd February 2012. That when the claimant applied to resume work, he was told that there was no vacancy in the defendant company.
The defendant stated that the reason for issuing the termination letter after three years was to recover the defendant’s properties which were still in the custody of the claimant and urged the Court to dismiss the claimant’s claims in its entirety with substantial cost and uphold the counterclaim of the defendant.
After reviewing the argument, processes filed and the submissions of learned Counsel for both parties, His Lordship Hon. Justice B. B. Kanyip stated that the claimant did not keep to the terms of the study leave in terms of when to resume. Even when the extension was granted to him by 6 additional months, he still did not keep to that. He dictated to the defendant when he wanted to resume work. The defendant made it very clear that there was no job certain for the claimant.
“The moment the claimant sought for 6 months extension and it was granted with conditions as to availability of vacancy, the claimant lost his job. It is too late to claim for 39 months salary or reinstatement or promotion.” Justice kanyip said
The court dismissed the case for lacking merit and ordered the claimant within 30 days of this judgment to pay to the defendant the sum of N92,329.09 being the unpaid balance of the housing loan owed by the claimant to the defendant; failing this, the said sum shall attract interest at 10% per annum until fully liquidated.
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