By Jude-Ken Ojinnaka
The National Industrial Court (NICN) Abuja division has ordered an Insurance giant, Industrial and General Insurance Plc (IGI), to pay the sum of N3,940, 354, 01 to its former employee, Olajide Clement Ilesanmi, being his entitlement, damages and cost of action as claimed.
Olajide Clement Ilesanmi was rendered redundant by the insurance company.
and through his lawyer, Emmanuel Ezeifedikwa, filed a suit before the Industrial Court, asking for “a declaration that the termination of his employment by the insurance company, is under paragraph 3.6 (Redundancy) of the Defendant’s Manual/Handbook.
“An order compelling the defendant to pay to him all his outstanding entitlements totaling the sum of N3,458,278.00 only.
“The sum of N500,000 only as general/exemplary damages for the psychological agony, inconvenience and mental torture. And the sum of N200,000.00 only being cost of litigation.”
But in a counter-claim filed by the Insurance giant against Olagide Clement Ilesanmi, its counsel, Paul Omoijiade, asked the court to order the claimant to refund the sum of N919,102.84, being excess of terminal benefits paid to him.
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The insurance company claimed that the Claimant’s entitlement was under paragraph 3.9 of the defendant’s manual/handbook and the total sum he was entitled to was N901,233.16 as his final benefit but he was erroneously paid the sum of N1,820,355. He added that It was for this reason that the defendant wanted the Claimant to refund the sum of N919,102.84.
Delivering judgement in the suit marked NICN/ABJ/112/2020, Justice Justice Olufunke Yemi Anuwe, ordered the insurance company to pay the aforementioned sum.
According to the court, the aforementioned sum is Mr. Olajide’s outstanding entitlement, general damages and cost of instituting the suit.
However, after going through all the documents tendered, arguments canvassed and citing plethoras of legal authorities, Justice Anuwe dismissed IGI’s counterclaim.
The judge therefore ordered IGI to pay the claimant the sum of N3,340,354.01; N500,000 and N100,000, as outstanding entitlement, general damages and cost of instituting the suit respectively.
Justice Anuwe further ordered that IGI must pay the judgement sum within 30 days from May 24, 2023, when the judgment was delivered, adding that failure to comply with the order, will result to the sums attracting interest at the rate of 10 percent per annum, until such a time as the judgement sums are fully paid.