Lagos –His Lordship, Hon. Justice Isaac Essien of the National Industrial Court of Nigeria, Sitting in Lagos has awarded the sum of N1 million against Blowfish Limited for wrongful termination of employment of Mr. Anyalemechi Chukwukadibia.
The court held that the firm did not at any point in time write to withdraw the letter of appointment after they had offered the claimant position to another person, ordered payment of N400,000 being salaries Mr. Chukwukadiba would have earned from the 27th Nov. 2017 to 23rd April 2018 when the action was filed.
By a complaint filed on the 24/4/18, the claimant sought against the defendant among others for; A declaration that a valid and enforceable contract of employment exists between the claimant and the defendant. An order directing the defendant to pay the sum of N 100, 000 (One Hundred Thousand Naira) being the agreed monthly salary payable to the claimant from the date the claimant’s employment was wrongfully terminated and until the claimant secures a gainful employment.
Likewise, An order directing the defendant to pay the sum of N25. 000. 000 (Twenty Five Million naira) as general damages.
From the facts, the claimant was offered an employment by the defendant as an account officer vides an Offer of Employment Letter dated 1st November, 2017. The claimant alleged that he resigned from his previous employer on the strength of the defendant’s offer letter.
However, before the date of resumption, the claimant received an SMS from the defendant’s Head of Admin and Human Resources about the reduction in his salary from the agreed sum of N100, 000.00 to N80, 000.00
Notwithstanding the said reduction, the Claimant alleged that the defendant’s human resources officer pretended not to recognize the claimant, neither did she accept the completed forms from the claimant nor provided any information to aid the claimant resume into his employed position.
The claimant’s subsequent attempt to resume work, the H.R informed the claimant that the position was no longer available as same had been given to another person.
However, the defendant admitted that they offered the claimant employment but that the claimant could not take up the appointment because he failed to fulfil the condition precedent attached to the offer.
The defendant counsel O. Agbo Esq argued that the contract of employment between the claimant and the defendant was a conditional contract and that until the condition was met there was no acceptance which could result in a contract.
The claimant asked for determination whether there exist a valid contract of employment between the claimant and the defendant and whether the act of the defendant amounts to breach of the contract of employment.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides, the Court presided by Hon. Justice Isaac Essien held that, there was a valid contract of employment between the claimant and the defendant.
“First, I have examined the offer of appointment, It is clear that the claimant accepted the offer of employment. It is also on record that the defendant did not at any point in time relevant to the facts of this case write to withdraw the letter of appointment after they alleged they had offered the claimant position to another person.
“Also I have carefully examined the SMS trail detailing the communication between the claimant and HR from the 31/10/2017 to the 28/11/2017 tendered in this court as exhibit C1a to exhibit C1f, those communications speak for itself.
"It is a common practice that documentation for employment are not always completed on the date of assumption of duty, if the defendant is arguing to the contrary about this practice, why did HR not also demand the submission of the medical report from the defendant designated medical practitioner as stated in the offer of appointment.
“I find that the claimant is entitled to his salary which was wrongly denied him by the act of preventing him from assuming office by the HR.
“I therefore order the defendant to pay the claimant the sum of N 100,000 being salaries he would have earned from the 27/11/2017 to the 23/4/2018 when this action was filed in this court.
“It is clear that the defendant has expressed clear intention not to further engage the claimant as his employee. In the circumstances the contract of employment between the claimant and the defendant is deemed determined from the date of this judgment.”
His Lordship ordered the court registrar to compute the salaries and deduct PAYE tax from the computed salary as judgment sum and remit same to the appropriate authority and file the evidence of tax return in this court.
The court also ordered defendant to pay claimant the sum of N1,000.000 (One million naira) as general damages for breach of contract of employment .