Industrial Court orders firm to pay N456,338 over wrongful sack of employee National Industrial Court of Nigeria

Industrial Court orders firm to pay N456,338 over wrongful sack of employee

1814 Saturday 16th December 2017

The National Industrial Court sitting in Ibadan, has awarded N456,338.33 against Ibadan Electricity Distribution Company, in favour of Imam Abubakar Sidiq, for his wrongful sack by the company.

Imam Abubakar Sidiq, who had challenged that his employment was wrongfully and unlawfully terminated and also sought for an order directing the Defendant to pay his entire salary from 1st May, 2014 till date at the rate of N228,169.20 (Two Hundred and Twenty Eight Thousand, One Hundred and Sixty Nine Naira, Twenty Kobo) only, per month; totaling N4,791,553.20 (Four Million Seven Hundred and Ninety One Thousand, Five Hundred and Fifty Three Naira and Twenty Kobo) from 1st May 2014 – 31st January 2016) based on his annual remuneration and allowances of N2,738,030.40.

The court presided by Hon. Justice Kola-Olalere after reviewing the argument of parties, said “ I have carefully read through the facts of this case, the written arguments of counsel to the parties including their cited authorities. From all of these, I am of the considered view that two issues need to be resolved in this matter by this Court and they are:

1. Whether or not the termination of appointment of the claimant by the defendant was in breach of his contract of employment and so, wrongful.

2. Whether or not the claimant has established his case against the defendant; thus, he is entitled to the reliefs he is seeking for.

On the whole, I hold and order as follows:

That the termination of the claimant’s employment was wrongful as it was not done in compliance with his terms and conditions of his employment. That the issuance and acceptance of the claimant’s letter of employment in Document C.9 automatically determined his earlier employment in Document C.8. That before the issuance of Document C.9, the claimant’s employment in Document C.8 was not determined; and so, the claimant is entitled to his salaries for the two months that his employment in Document C.8 lasted and which was not paid.

I hereby direct the defendant to pay to the claimant, the sum of N456,338.33; which was his salaries from May 2, 2014 to July 2, 2014 as his arrears of salaries. The defendant shall also pay N50,000.00 cost to the claimant. The judgment debts are to be paid within two months from today (12th Dec. 2017). Judgment is entered accordingly.