IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO NICN/LA/35/2016
BEFORE HIS LORDSHIP, HON. JUSTICE (DR.) 1. J. ESSIEN
DATE: 3rd July 2019
BETWEEN
MR JINADU ABUDU 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 26/1/2016, the claimant claimed from the defendant as follows;
- The sum of N2,549,477.48k (Two Million, Five Hundred and Forty Nine Thousand, Four Hundred and Seventy Seven Naira Forty Eight Kobo) 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 N5, 000, 000.00 (Five Million Naira) being general damages for breach of contract of employment, detention of the sum as stated in relief one above and the cost of this suit.
The defendant was served with the complaint in this suit by pasting on the 28/9/2016 pursuant to the order of this court. However, the defendant did not enter any defence in this suit. Hearing in this suit commenced on the 15/12/2018. The claimant testified as CW1. The claimant tendered the following documents in evidence in proof of his claims;
- The letter of offer of appointment dated 12/2/1999, Exhibit C1a and C1b
- Letter of salary review dated 1/4/2011, Exhibit C2
- Letter of Renewal of Employment dated 1/6/2013, Exhibit C3
- Letter of ceasation of contract appointment. Exhibit C4a and C4b
- Claimant pay slip, Exhibits C5a, 5b and 5c
- Memo addressed to the defendant MD from the staff, Exhibit C6
- Claimant statement of account with Diamond Bank PLC Exhibit C7.
- Claimant solicitor letter of demand dated 9/11/2015, Exhibit C8.
The claimant concluded his evidence in chief on the 5/2/2018, and the matter was adjourned to the 25/3/2019 for cross examination and defence. On that date the defendant was again absent likewise his counsel, despite the service of hearing notice on the defendant counsel, the defendant was foreclosed pursuant to Order 38 Rule 2(4) of the Rules of this court. The matter was adjourned again to the 15/5/2019 for adoption of claimant his final written address. The matter was further adjourned to the 4/7/2019 for judgment.
BRIEF STATEMENT OF THE FACT OF THE CASE.
The claimant was employed by the defendant on the 12/2/2199. The claimant was seconded to the defendant via a memo dated 23/1/2006 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. On the 11th day of September, 2015 the staff of the defendant 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.
ON CLAIM NO 1
The claimant in this relief claims the sum of sum of N2,549,477.48k, 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 Exhibits C1a, C1b, and C2 in proof of his employment status with the defendant. The claimant also tendered Exhibit C3 the letter of renewal of employment for a further 6months period dated the 1/6/2013. The claimant testified that the contact of employment was determined by Exhibit C4a and C4b. The claimant also testified that he caused his solicitors to make a demand of the indebtedness in Exhibit C8. I have care- fully examined Exhibit C4a and C4b. In Exhibit C4a the defendant admitted owing the claimant the sum of N2,549,477.48k as the claimant outstanding salaries, outstanding deductions and other entitlements. This is the sum which the claimant is claiming in this action.
On the state of the evidence adduced in this suit and particularly the admission contained in Exhibit C4a, this court hereby holds that the claimant has proved his entitlement to the sum claimed in this action. Accordingly judgment is hereby entered in the sum of N2,549,477.48k in favour of the claimant against the defendant in this suit.
ON RELIEF NO 2
The claimant also claims the sum of N5,000,000 for breach of contract of employment and the detention of the sum in exhibit C4a. 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. The claimant contention that after the 6 month of renewal of the contract, the defendant treated the contract as on-going is without any justification. It is clear that from Exhibit C3 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 is 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 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 C4a and C4b. The solicitor letter of demand Exhibit C8 only queried the time of payment of the entitlement. Even though the letter is couched like a letter of demand It is an ineffective demand because it failed to state in monetary terms what was demanded by the claimant solicitor. 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 N2,549,477.48k 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)
