IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BEFORE HIS LORDSHIP, HON. JUSTICE (DR.) I. J. ESSIEN
DATE: 16th May, 2019
SUIT NO: NICN/LA/578/2015
BETWEEN
- WILSON NNAMDI NWANKWO———————————- Claimant
AND
GLOBAL SCANSYSTEMS LIMITED ———————————- Defendant
REPRESENTATION:
- Agugua Esq. For the claimant
No representation for the defendant
JUDGMENT
By a complaint dated and filed on the 24/11/2015, the claimant sought the following reliefs from this court
- An order to the defendant to pay to the claimant the sum of N29, 701, 023. 13k (Twenty Nine Million, Seven Hundred and One Thousand and Twenty-Three Naira Thirteen Kobo) being accumulated wages/salaries, allowances, leave grants and severance benefits from the 1st November, 2006 to the 29th day of September, 2015, being special damages.
- ALTERNATIVELY the sum of Nl8, 774, 571.74k([Eighteen Million, Seven Hundred and Seventy Four Thousand, Five Hundred and seventy one Naira, Seventy-Four 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, 000.00 (Twenty Million Naira) being general damages for breach of contract of employment, detention of the sum as stated in relief 2 above and the cost of this suit.
The defendant was served with the complaint in this suit on the 17/12/2015. The defendant was initially represented by counsel. However, the counsel did not file a memorandum of appearance nor enter any defence un-behalf of the defendant in this suit. Hearing in this suit commenced on the 13/2/2019, with the claimant testifying as CW1. The claimant tendered the following documents in evidence in proof of his claims;
- The letter of offer of appointment dated 25/10/2006, Exhibit C1.
- Letter of confirmation of appointment dated 11/6/2007, Exhibit C2
- Letter of salary review dated 1/4/2011, Exhibit C3.
- Letter of salary adjustment dated 14/2/2008, Exhibit C4a
- Letter of salary adjustment dated 13/10/2008, Exhibit C4b
- Letter of renewal of employment dated 1/6/2013, Exhibit C5
- Claimant pay slip, Exhibits C6a, C6b and C6c
- Letter of Ceasation of Contract/Appointment. Exhibit C7a and C7b
- Memo to the defendant MD/CEO, Exhibit C8
- Claimant statement of account with GTB, Exhibit C9.
- Claimant solicitor letter of demand dated 9/11/2015, Exhibit C10.
The claimant concluded his evidence in chief on the 13/2/2019, and the matter was adjourned to the 19/3/2019 for cross examination and defence. Despite the service of hearing notice on the defendant counsel he was absent in court. The defendant was foreclosed and the claimant counsel adopted his final written address. And the matter was adjourned to the 16/5/2019 for judgment.
BRIEF STATEMENT OF THE FACT OF THE CASE.
The claimant was employed by the defendant on the 25/10/2006 as Coordinator Risk Management System Officer. The appointment was confirmed on the 11/6/2007. The salary of the claimant was reviewed and adjusted on the thre times. The contract of employment was renewed on the 1/6/2013, with a new salary structure. The claimant allege that upon commencement of the new salary package on 1st June, 2013, the claimant noticed with utter dismay the discrepancies in the amount paid to the claimant as stated in the pay slip issued to the claimant. When the claimant observed that, he made several representations to the account department but nothing was done. In view of the above and many months of unpaid salaries and entitlements which ran into nine (9) Months, the staff of the Defendant, on the 11th day of September, 2015 had a general meeting wherein after the said meeting a letter was written to one Sir Emeka Offor, a director of the defendant’s company complaining bitterly about their respective unpaid leave allowances, salaries, entitlement and unpaid end of the contract benefits on the destination inspection contract. The claimant allege that rather than attend to the complaint of its staff as contained in the letter of 16th September, 2015, the claimant was serve a letter of ceasation of contract/appointment on the 29th September, 2015. The claimant latter caused his solicitors to formally demand the payment of the claimant accumulated wages which has remained unpaid hence this action.
The court is called upon to determine whether the claimant has been able to proof his entitlement to the reliefs claimed in this suit.
ON RELIEF NO 1
In this relief the claimant claims the sum of N29, 701,023, 13k being accumulated wages, salaries, allowances, leave grants and severance benefits from the 1st day of November, 2006, to the 29th day of September, 2015, being special damages. Throughout the entire statement of facts the claimant did not plead facts relating to how he arrived at the figure claimed in this relief. Exhibit C6 tendered to show disparity in the payment of the claimant’s salary is of no help in proof of the claimant case. No evidence was also led in the witness deposition to establish claimant entitlement to the sum claimed. This claim is in the nature of special damages. For a party to succeed in a claim for special damages, such claim must be specifically pleaded and strictly proved. See the case of Salaudeen V. Oladele [2003]3 NWLR (Pt.806) at pg. 29. The claimant in this case has failed to discharge the evidential burden placed on him to proof his entitlement to the amount claimed in this relief. This relief therefore must fail. It is refused and accordingly dismissed.
ON RELIEF NO 2
The claimant in this relief claims the sum of sum of Nl8,774,571.74k, in the ALTERNATIVE, being the sum agreed by the defendant be due to the claimant pursuant to the letter of ‘Cessation of Contract/Employment’ dated the 29/9/2015, issued to claimant by the defendant as special damages. The claimant in proof of this entitlement tendered Exhibit C1, C2,C3,C4 in proof of his employment status with the defendant. The claimant also tendered Exhibit C5 the letter of renewal of employment for a further 6months period dated the 1/6/2013. The claimant testified that after the renewal of the appointment the defendant owed him 9 months salaries, before the contact of employment was determined by Exhibit C7a and C7b. the claimant also testified that he caused his solicitors to make a demand of the indebtedness in Exhibit C10. I have care- fully examined Exhibit C7a and C7b. In Exhibit C7b the defendant admitted owing the claimant the sum of N18,774,571.74k as the claimant outstanding salaries, outstanding deductions and other entitlements. This is the sum which the claimant is making an alternative claims in this action.
The law is that a court can only consider and award an alternative relief when it is practically impossible to award any of the items in the main relief. See the case of Holborn Nigeria Ltd. V. O. C. Chris Enterprises Ltd. [2014] LPELR-23972.
The main claim in this suit having failed, which I have earlier dismissed in this judgment, this is the appropriate case in which this court can award the alternative relief sought in this suit. On the state of the evidence adduced in this suit and particularly the admission contained in Exhibit C7b, this court hereby holds that the claimant has proved his entitlement to the sum claimed in the alternative relief. Accordingly judgment is hereby entered in the sum of N18,774,571.74k in favour of the claimant against the defendant in this suit.
ON RELIEF NO 3
The claimant also claims the sum of N20,000,000 for breach of contract of employment and the detention of the sum in exhibit C7b. The claimant in this suit has alleged that the defendant breached the contract of employment. The claimant however failed to specifically plead and offer proof of the alleged breach he is complaining of. In Exhibit C5 dated 1/6/2013 i.e the letter of renewal of employment the defendant specified that the duration of the employment shall be 6 months. This effectively gave the claimant an idea of when the employment would come to an end. The claimant cannot claim that the defendant continued to treat the contract as on going. Furthermore with the notice of the duration of the contract, the notice to terminate the contract at the end of 6 months becomes superfluous. The only notice that can be effective under the circumstances is the one month notice to terminate the contract by both parties during the period of the contract. This so because the contract of employment is deemed to have been determined at the end of 6 months from the 1/6/2013 ie the date of renewal of the contract. In view of the above state of facts this court is unable to see any breach complained of by the claimant.
The claimant is also claiming this damages on the grounds that the defendant withheld the entitlement of the claimant. I have carefully examine the pleadings and evidence before me, there is no evidence showing that the claimant ever demanded for the payment of the entitlement until after the notification of the ceasation of the employment in exhibit C7a and C7b. The solicitor letter of demand Exhibit C10 only queried the time of payment of the entitlement. I do not find any reason to award damages in this case. The claim for general damages fails and is accordingly dismissed.
On the whole this action succeeds in part. The defendant shall pay the sum of N18,774,571.74k being the areas of salary and other entitlement of the claimant to the claimant. This judgment sum shall be paid within 30 days from today. Failure of which it shall attract interest at the rate of 5% until the final liquidation of the debt.
Judgment is entered accordingly.
___________________________________
Hon. Justice (Dr.) I. J. Essien
(Presiding Judge)
