Pay Victor Iwegbu’s N7.9m entitlement, court orders La Casera company
By Jude-Ken Ojinnaka
The National Industrial Court, Lagos division has ordered a soft drink/beverage plant, La Casera Company Plc to pay a total sum of N7, 907, 709.50 million as entitlement to Victor Iwegbu, an ex-employee of the company.
Justice Maureen. N. Esowe, made the above order and other orders in her judgement on July 11 in a suit marked NICN/LA/140/2021, filed by Iwegbu against the soft drink/beverage company.
Iwegbu through his counsel, Wale Ogunade, had filed a legal action against the company over his indefinite suspension in 2013 on theft allegations.
The Claimant had begged the court for the following reliefs: “a declaration that his dismissal from the company’s employment on the ground of crime of stealing, which was never proved in any Court of competent jurisdiction was wrongful and unlawful.
“An order directing that the dismissal letter by the company be revoked and his resignation letter be accepted by the defendant.
“An order directing the defendant to pay him the sum of N8,107,584 million, at the rate of N84, 454, 00, per month, being the total sum of his salary from February 1, 2013 to February 28, 2021.
“An order directing the defendant to pay him the sum of N7. 5 million, for unlawful termination of his appointment, general damages and cost of instituting the suit respectively.
However , in its defence, LA Casera Company Plc, through its team of counsel led by O. G. Nnoli urged the court to dismiss the suit with substantial costs, for being statue barred.
The company also cited the Limitation Law of Lagos State, Caps L. 84, Laws of Lagos State 2015, which it said, robbed the Court of the jurisdiction to entertain the suit.
It also submitted that the Claimant’s suspension took effect from January 30, 2013 while his dismissal followed on June 30, 2013. It argued that the time frame within which to challenge both the suspension and dismissal was six (6) years which elapsed on March 30, 2019 and June 30, 2019, respectively whereas the instant suit was filed on March 19, 2021.
The company also stated that the Claimant was found to have breached the rules and regulations guiding his employment sometime in January 2013. Specifically, on or about January 26, 2013, the Claimant was queried for failure to capture the shortage of 2,564 cases of products that were observed during stock-taking by the logistics department on January 23, 2013 and during the warehouse audit held from January 21 to 22 January 2013, which he actively participated in.
The company also accused the claimant of failure to drain returned defective products which were surprisingly found to be in circulation in the market. It averred that 3,508 cases of drinks were given to him to drain and he deliberately failed to drain them which is evidenced, amongst other things by his failure to invite the Quality Assurance team to supervise the draining in breach of the laid down procedure.
In deciding the suit, Justice Esowe, having carefully considered all the processes filed by parties, their supporting documents, as well as arguments canvassed by both learned Counsel in their written submissions said; it is in my humble view that the sole issue that would meet the justice of this case is: “whether or not the Claimant has proven his claims to be entitled to the reliefs sought?”
After weighing the merits and demerits of the suit, the judge said “On the whole, the Claimant’s case succeeds in part, and for the avoidance of doubt I declare and order as follows: ” That Claimant’s claim 1 fails.
“That the Claimant’s employment was determined with effect on the 4th of February 2021.
“That the Claimant is entitled to the total sum of N7, 907, 709. 5 million.
“That Claimant’s claims 4, 5, and 6 fail.
“All Judgement sum awarded is to be paid within 30 days of this judgement, failing which it attracts 10 percent interest per annum. Judgement is entered accordingly.”
