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SAMPLE OF STATEMENT OF FACTS AT THE NATIONAL INDUSTRIAL COURT]

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[SAMPLE OF STATEMENT OF FACTS AT THE NATIONAL INDUSTRIAL COURT]

 

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT IKOYI

 

                                                                                  SUIT NO:……………………

BETWEEN               

CHRISTIAN BABATUNDE ……………..…………………………… CLAIMANT

AND

 MULTILINKS COMPANY NIGERIA LIMITED……………………. DEFENDANT

 

STATEMENT OF FACTS

 

  1. The Claimant is a Nigerian citizen residing at House 6, Epe Road, Ikeja, Lagos State.

 

  1. The Defendant is a limited liability Company registered in Nigeria, carrying on business of car sales and after sales service, with its office at No. 17, Awolowo Road, Ikeja, Lagos State.

 

  1. By an offer letter dated the 2nd of January 2016, the Claimant was offered employment as the Head Electrician in the Defendant’s Company with effect from 1st of February, 2016. The Claimant pleads and shall at trial rely on the Letter of appointment dated the 2nd of January 201

 

 

  1. The said offer of employment contained the terms and conditions of the employment relationship between the Claimant and the Defendant. The Claimant pleads and shall at trial rely on the terms and condition of employment in the Offer of Employment.

 

  1. Furthermore, the Claimant avers that between the month of March to December, 2018 he had been subjected to unfair, oppressive and inequitable workplace treatment by one Mr. Adedeji Aderenle, who is the Head Supervisor of the workshop to which the Claimant was assigned.
  2. The said Mr. Adedeji Aderenle, in the period of March to December 2018 had been making work life difficult for the Claimant and wrongly instigated allegations against the Claimant on two occasions.
  3. Further to the above, the said Mr. Adedeji Aderenle maliciously issued query to the Claimant on the 5th of May, 2018 and 21st November 2018 respectively, pursuant upon which the Claimant was suspended for one week on both occasions.
  4. On getting to the office November 30th, 2018, the Claimant was issued a Letter of Termination, which is to take effect immediately.
  5. The Claimant avers that by the terms and conditions of the offer of employment, any of the parties may terminate the employment, by giving 1 (One) month’s notice, or 1 (One) month’s salary in lieu of notice.
  6. By the letter dated the Letter of Termination dated the 10th of January, 2019, the Defendant terminated the Claimant’s employment summarily without giving the required notice of 1 (One) month as prescribed in the offer of employment and thereby breached the terms of the terms the contract of employment between the parties. The Claimant pleads and shall at trial rely on the Letter of Termination of Employment dated the 10th of January, 2019.
  7. The Claimant was owed salary arrears for the months between of August – December 2018.
  8. The Claimant made several attempts to gain the audience of the management of the Defendant’s Company to report his case on the oppressive acts of the Head Supervisor- Mr. Adedeji Aderenle, but all efforts were frustrated.
  9. The degrading treatment and unfair dismissal of the Claimant by the Defendant on the 10th of January 2019 is wrongful, unfair and tantamount to reckless display of power by the Defendant.
  10. The Claimant has not been able to secure another employment since his appointment was unlawfully terminated by the Defendant, and thereby unable to sustain himself financially.
  11. The Claimant suffered depression and emotional trauma as a result of oppression suffered against him by the Defendant and the Claimant’s wrongful dismissal from the employment of the Defendant.
  12. The Claimant avers that his monthly salary is the sum of N400,000 (Two Hundred Thousand Naira).
  13. That pursuant to the contract of employment between the Claimant and Defendant, the Claimant is entitled to the sum of N200,000(Two Hundred Thousand Naira) annually, which the Defendant has refused to pay to the Claimant despite repeated demand.
  14. The Claimant retained the services of the law firm of Mayberry Law Firm to represent him in respect of the payment of his entitlements withheld by the Defendant.
  15. Subsequently, a demand letter dated the 4th of February 2019 was written and sent by the Claimant’s Solicitor to the Defendant, but such proved abortive as the Defendant still refused to oblige the Claimant. The Claimant pleads and shall at the trial rely on the Claimant’s Demand letter dated 4th of February 2019.
  16. WHEREOF the Claimant claims against the Defendant as follows:
    1. AN ORDER of this Honourable Court mandating the Defendant to pay the Claimant the sum of N2, 000,000 (Two Million Naira), being the arrears of salary between August – December 2018 at N400,000 (Two Million Naira) per month owed to the Claimant.
    2. AN ORDER of this Honourable Court mandating the Defendant to pay the Claimant the sum of N200,000.00 (Two Hundred Thousand Naira) being the leave allowance for the year 2018.
    3. The cost of this suit as maybe assessed by the Honourable Court.

DATED THIS ___________DAY OF ________________2019

_____________________________

OLUFEMI MAYBERRY ESQ   

KUNLE IDRIS ESQ   

PETITIONER’S COUNSEL

MAYBERRY LAW FIRM

17, Allen Avenue,

Ikeja, Lagos.

mayberrylawfirm@gmail.com

 

FOR SERVICE ON:

THE DEFENDANT

MULTILINKS COMPANY NIGERIA LTD

No. 5, Allen Avenue,

Ikeja, Lagos

 

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