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Tunde Ayoola-Johnson -VS- 1004 Estates Limited & ORS

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

BEFORE HIS LORDSHIP HON. JUSTICE J. D. PETERS

DATE: JANUARY 18, 2018

SUIT NO: NICN/LA/100/2015

BETWEEN

Tunde Ayoola-Johnson

Claimant

AND

  1. 1004 Estates Limited
  2. Shofolawe Bakare & Co.

Defendants

REPRESENTATION:

  1. Akolade for the Claimant.

O.O.N. Olabisi with F.N. Ogbeide & E.O. Eluyefa for the 1st Defendant.

Olamide Aleshinloye with D.O. Aluko for the 2nd Defendant.

JUDGMENT

  1. Introduction & Claims

The Claimant, by a General Form of Complaint dated and sealed on 25th of March, 2015 and Statement of Facts dated the same day sought the following reliefs against the Defendants –

  1. A declaration that in view of the facts and circumstances of the performance of          the contract of employment by the parties, the 1stand 2nd Defendants are       joint/common employers of the claimant.
  2. A declaration of this Honourable Court that the indefinite suspension of the      Claimant from the services of the Defendants without recourse to the terms of his   employment and without any indictment for wrongdoing is unlawful and amounts    to a wrongful termination of his contract of employment.
  3. An order of this Honourable Court compelling the Defendants to pay to the      Claimant the sum of =N=150,000 (One Hundred and Fifty Thousand Naira) being the monthly salary from 1stJune 2014 when he was suspended indefinitely until           the contract of employment is properly terminated or until judgment is granted       in this         suit.
  4. An order of this Honourable Court compelling the Defendants to pay the sum of           =N=107,000 representing his accumulated allowances from June 2014 to date.
  5. An order of this Honourable court awarding the sum of =N=150,000 (One        Hundred and Fifty Thousand Naira) to the Claimant as damages for wrongful        dismissal without the one month notice stipulated in the contract of employment.
  6. An order of this Honourable Court compelling the 1stDefendant to pay the sum of           =N=5,000,000.00 (Five Million Naira) as general damages for the harassment, unlawful detention and malicious persecution of the Claimant by the police on the           prompting of the 1st Defendant.
  7. Interest on the above sums at the prevailing commercial rate from 26/1/15 when           demand was made for them until the date of judgment in this suit and      thereafter at the rate of 10% until liquidation of the judgment debt.
  8. The costs of this action as may be assessed by the court.