Industrial Court orders NES Africa Ltd to pay ex-employee N34m as terminal benefits
By Jude-Ken Ojinnaka
The National Industrial Court of Nigeria (NICN), Lagos division has ordered a business outfit, NES AFRICA LIMITED, to pay the sum of $51,527.95 USD and £14, 119. 68 or naira equivalents, which is about N34 million as terminal benefits to its former Business Development Manager, Babafemi Banjo, whose appointment was illegally terminated by the firm.
The court also ordered the firm to pay sum of N1 million to Mr. Banjo as cost of instituting the suit.
However, the court declined all the counterclaims made by the firm against Mr. Banjo (claimant)
Delivering judgement in a suit numbered NICN/LA/273/2018, filed by Mr. Banjo against the firm and Lagos State Police Commissioner, the presiding judge, Justice Elizabeth A. Orji found merit in the claimant’s claim and held that the claimant is entitled to his second relief.
Justice Orji said: “Based on the reliefs sought, I find that the claimant is entitled to his second relief.
“The first defendant is ordered to immediately pay Claimant’s terminal benefits of $51,527.95 (Fifty One Thousand, Five Hundred And Twenty Seven United State Dollars, Ninety Five Pence and £14,119.68 (Fourteen thousand, One Hundred and Nineteen Great Britain pounds, sixty eight shillings) or their equivalent in Nigeria currency at the prevailing exchange rates at the time of payment.
“The third relief sought by the claimant is for “perpetual injunction restraining the second defendant from inviting, harassing or further investigating the claimant on account of claimant’s possession of the official car assigned to claimant by first defendant, until full payment of Claimant’s terminal benefits. This relief is denied as the claimant has not led any evidence in its proof.
“Having been granted relief two above, the claim for special and general damages of N5 million against first defendant, is hereby denied.
Issue two is whether first defendant is entitled to the reliefs sought in the counterclaim. The first defendant claims for “a declaration that the continued detention and use of the vehicle by the claimant is illegal, irresponsible and unlawful.
The judge said, “I have considered the evidence before this Court in relation to the continued retention of the first defendant’s vehicle, which the Claimant used as an official car.
“The claimant has not laid claim to the ownership of the vehicle; but states that he is holding on to the car, in view of the first defendant’s failure to pay his entitlements. Though the first defendant made efforts at establishing a case of theft against the claimant, however, in the circumstances of this case, I find that the first defendant has not established the illegality and unlawfulness of the claimant’s action.
“The second relief sought by the Counter-claimant is for “a order compelling the defendant-to-the-Counter-claim to return the vehicle in his possession to the Counter-claimant.” In view of the non-contention of the ownership of the vehicle, the claimant is ordered to return the said vehicle in his possession to the first defendant, immediately upon the first defendant’s compliance with the Order of this Court, for the payment of the claimant’s entitlements.
“Relief three of the counterclaim for an “award of N2 million only, as damages for loss of use of its vehicle by the defendant to the counter-claim”, is refused, in view of the findings in favour of the claimant.
“Cost of this suit is placed at N1 million only; to be paid to the claimant by the first defendant. All adjudged sums are to be paid not later than 30 days from the date of this judgement; failure will attract an interest of 10 percent per annum.
In the suit, the claimant, Mr. Banjo, through his counsel, Segun Adedoyin, sought the followings:
“A declaration that the company’s refusal to pay his terminal benefits is arbitrary, unfair, unlawful and unconstitutional.
“An order compelling the company to immediately pay his terminal benefits assessed as $51, 527.95 (Fifty-One Thousand, Five Hundred and Twenty-Seven United States Dollars and Ninety-Five Pence) and £14,119.68 (Fourteen Thousand, One Hundred and Nineteen Great Britain Pounds and Sixty-Eight Shillings) or its equivalent in Nigerian currency.
Alternatively, the claimant prayed the court for “an order directing the company to pay him the Naira equivalent of the said sums of money mentioned in his reliefs at the prevailing exchange rates at the time of payment.
He also asked the court for an order of Perpetual Injunction restraining the second defendant from inviting, harassing or further investigating him on account of his possession of official car assigned to him by the company, until full payment of Claimant’s terminal benefits;
Besides, the claimant asked for the sum of N5 million, as special and general damages against the company and costs of the action.
However, in the counterclaims filed by its counsel Damilola Amore, against Mr Banjo the claimant, NES AFRICA LIMITED asked the court for the following prayers “a declaration that the continued retention and use of the vehicle is illegal, irresponsible and unlawful
“An order compelling the defendant-to-the-Counter-claim to return the vehicle in his possession to the company.
“An award of N2 million only, as damages for loss of use of its vehicle by the defendant to the counter-claim and Cost of action.”
In the course of the trial, parties called their witnesses as well tendered several documentary evidences, which were admitted by the court as exhibits.
