IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BEFORE HIS LORDSHIP HON. JUSTICE J. D. PETERS
Date: December 14, 2017 Suit No: NICN/LA/37/2015
Between
Mr. Femi Adeyemi – Claimant
And
Redington Nigeria Limited – Defendant
REPRESENTATION
Isah A. Adedokun with T.O. Adefila & Awe Ayobo for the Claimant.
Peter Shobiye with Adebowale Bello for the Defendant.
JUDGMENT
- Introduction and, Claims
The Claimant approached this Court via a General Form of Complaint on 16/2/15 and by his amended statement of facts dated 24/11/15 sought the following reliefs –
- A declaration that the termination of the Claimant’s contract of employment was unlawful, wrongful, null, void and of no effect whatsoever as such termination of the Claimant’s employment is detrimental to his future employment opportunity.
- An order of this honourable court directing the Respondent to make a formal withdrawal of the Claimant’s termination as the reason for the termination of the employment’s contract is unlawful and void. OR in the alternative declare the letter of termination as unfair, unjust and oppressive to the extent that no corresponding one-month’s notice or payment in lieu equivalent to the claimant’s net monthly salary was provided for by the Defendant.
- A declaration that the Claimant is entitled to one month’s notice or payment in lieu equivalent to net monthly salary being the sum of =N=130,000.00 (One Hundred and Thirty Thousand Naira) from the Defendant in view of the abrupt lay-off via letter of termination.
- An order that the Defendant immediately pay to the Claimant salary in lieu of notice which amounted to =N=130,000.00 (One Hundred and Thirty Thousand Naira) being the equivalent of the Claimant’s net monthly salary lawfully entitled to by the Claimant from the Defendant in view of the abrupt lay-off without one month notice. A further order that the said sum be paid with accrued interest at the monthly rate of 10% from the date of judgment is given till the entire sum is fully liquidated.
- An order directing the Defendant to pay the claimant the outstanding leave allowance in the total sum of =N=139,000.00 (One Hundred and Thirty-nine Thousand Naira) from the defendant due to the Claimant for the year 2013. A further order that the said sum be paid with accrued interest at the month rate of 10% from 1st of January, 2013 to 31st December, 2013 and a daily rate of 10% from the date of judgment is given till the entire sum is fully liquidated.
- An order that the Defendant should immediately pay all the Claimant’s outstanding wages which the Defendant unjustly withheld till date i.e. wages due from 1st of November, 2014 to 18th of November, 2014 being the sum of =N=76,135.00 for the work the Claimant had already done to the Defendant for the said period with accrued interest at the daily rate of 10% from 1st of November, 2014 to 18th of November, 2014 and a daily rate of 10% from the date of judgment is given till the entire sum is fully liquidated.
- A declaration that the Defendant acted unlawfully, recklessly, inequitably and in contravention of extant Employer-Employee relations Laws and the simple principles of civilized natural law conducts in
