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Lagos --His Lordship, Hon. Justice J. D. Peters of the National Industrial Court of Nigeria, Lagos Division on Tuesday 16th October 2018 in a judgment declared as unlawful the suspension of Mr. Victor Ajuziogu (Claimant) by Smart Mark Limited (Defendant) without pay. The court also ordered Defendant to pay Claimant outstanding salary from February 2015 to October 2018 at the rate of =N=83,296.93 per month amounting to =N=3,581,767.99 within 30 days.
The facts of this case as recited by the Claimant is that he was employed by the Defendant by virtue of a letter of employment dated 15/11/2013; that he was placed on suspension indefinitely by the Defendant by a letter dated 6/3/15 and effective 7/3/15 “pending a thorough investigation into the result of the stock take; that he was not involved in the stock take nor was he notified of the result of the stock take; that he was charged to court at the instance of the Defendant and the charge was eventually struck out by the court for want of diligent prosecution; that after his discharge by the Court he approached the Defendant to know the status of his employment and possibly resume work but the Defendant instructed him to wait; that he has continued to wait since then and that the Defendant did not pay his salaries during the period of suspension.
On the basis of the above facts, the Claimant approached this Court on 15/6/16 and sought against the defendant among others; A declaration that the suspension of the Claimant is unlawful. A declaration that the Claimant’s appointment is subsisting. An order that the Defendant pay the sum of =N=83,286.93 (Eighty Six Thousand Two Hundred and Eighty Six Naira Ninety Three Kobo). Likewise, General damages in the sum of =N=1,000,000. 00 (One Million Naira) only.
Notwithstanding the fact that requisite notices were served on the Defendant, the Defendant elected not to and did not attend Court to cross-examine the Claimant. The Defendant also did not attend Court to open its defence against this suit. Hence, the case of the Defendant was closed in accordance with the Rules of Court and parties directed to file their final written addresses.
In his final written address, Counsel set down for determination Whether the Claimant is entitled to the reliefs sought.
Counsel prayed the Court to hold that the Claimant is still an employee of the Defendant and grant all the reliefs sought against the Defendant. Again, the Defendant did not file any final written address even though served all requisite notices to that effect.
After evaluation of all the processes filed by the Claimant, including the pleadings, oral testimony, exhibits tendered and admitted in the course of the trial. The presiding judge, Hon. Justice j. D. Peters expressed thus;
“Notwithstanding the fact that this is an undefended suit, it does not translate to an automatic Judgment for the Claimant.
“Having considered the facts of this case, the evidence led, the length of period the Claimant has been on suspension without pay and the whole surrounding circumstances, I hold that the suspension of the Claimant amounts to a repudiation of the contract of employment between the parties effective from today 16/10/18.
“As a consequential order, I order the Defendant to pay to the Claimant all his salaries and emoluments from February 2015 till today.
“The Defendant is here ordered to pay to the Claimant his outstanding salary from February 2015 to October 2018 at the rate of =N=83,296.93 per month amounting to =N=3,581,767.99.”
The court also ordered defendant to pay =N=100,000.00 as the cost of action to the claimant., and all the terms of this Judgment are to be complied with within 30 days from the today 16th October 2018.
