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Lagos – His Lordship, Hon. Justice I. G. Nweneka of the National Industrial Court of Nigeria, sitting in Lagos, on Tuesday 10th April 2019 has dismissed the case filed by Mr. Okpara Udoka against Global Scansystems Limited in its entirety for lacking merit.
The court held that there is nothing in the Claimant’s statement on oath or exhibits in proof of this claim that the basis of computation was not set out in the pleading and the Claimant’s statement on oath.
By a complaint and statement of claim filed on 24th November 2015, the Claimant claimed against Defendant for An order to the Defendant to pay to the Claimant the sum of N1, 145,393.56 [one million, one hundred and forty-five thousand, three hundred and ninety-three naira, fifty-six kobo] only being accumulated wages/salaries, allowances, leave grants and severance benefits from the 3rd day of September 2008 to the 29th day of September 2015, being special damages.
Alternatively, the sum of N948, 495.33 [nine hundred and forty-eight thousand, four hundred and ninety-five naira thirty-three kobo] only being the sum agreed by the Defendant to be due to the Claimant pursuant to the letter of cessation of contract/employment dated the 29th day of September 2015, issued to the Claimant by the Defendant as special damages.
The sum of N20, 000,000 [twenty million naira] being general damages for breach of contract of employment, detention of the sum as stated in relief ‘B’ above and the cost of this suit.
The Defendant did not file any defence processes and did not take part in the trial in spite of service of hearing notices on the Defendant and its Counsel. Trial commenced on 13th December 2018.
The fact of this case as gathered from the evidence is that the Claimant was employed by the Defendant as driver effective from 3rd September 2008. His employment was confirmed on 7th April 2009 and renewed on 1st June 2013 for a period of six months. The contract continued after the expiration of six months until it was terminated by the Defendant on 29th September 2015.
The thrust of the Claimant’s complaint is that in terminating his employment the Defendant did not give him the agreed one month’s notice or one month’s salary in lieu of notice. It is also the Claimant’s case that there was a discrepancy between the agreed salary and what he eventually received after renewal of his contract; and that since the termination of his employment, the Defendant has refused to credit his account with his earned wages; hence this suit.
Claimant contended that the contract between the Claimant and the Defendant is an enforceable contract as all principles governing the making of a valid contract were met; and the remedy for breach of contract is damages.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel, the Court presided by Hon. Justice I. G. Nweneka held that the failure of the Defendant to file a defence and cross-examine the Claimant’s witness does not automatically entitle the Claimant to judgment and further expressed thus;
“After calm review of the evidence, I find as a fact that the Claimant’s previous employment was not formally terminated before a fresh contract was offered to and accepted by the Claimant.
“Therefore, the issue of breach of the contract of employment raised in the Claimant’s statement on oath does not arise. The Claimant, in my view, has waived his right to insist on one month notice or one month’s salary in lieu of notice. In other words, the Claimant is estopped from claiming breach of the terms of the old contract.
"There is nothing before me to show that the Claimant’s employment was terminated before the expiration of the six months term. Accordingly, the claim for wrongful termination of his employment in his statement on oath has not been made out. Parties are bound by the terms of their contract."
On the claim for the sum of N1, 145,393.56 being accumulated wages/salaries, allowances, leave grants and severance benefits from the 3rd day of September 2008 to the 29th day of September 2015, being special damages, the court held that there is nothing in the Claimant’s statement on oath or exhibits in proof of this claim that the basis of computation was not set out in the pleading and the Claimant’s statement on oath.
“There is no connection between the letter of re-cessation of contract and the facts averred in the statement on oath, and it is settled law that evidence which is at variance with an averment in a pleading goes to no issue and must be disregarded by the Court
“On the whole, this case fails in its entirety and it is hereby dismissed. There shall be no order as to costs.” Justice Nweneka Rules
