Justice Simisola Oliyinka Adeniyi of the kaduna State division of the National Industrial Court of Nigeria (NICN), has described the termination of appointment of one Liyi Victor, by his employer, Solo Phone Nigeria Limited, as null and void and of no effect.
Justice Adeniyi aslo ordered the company to pay to the claimant forthwith, the sum of N120, 000, being four months operational allowances owed while the Claimant was in the defendant’s employment. And also ordered the company to remit the sum of N243, 000, to Stanbic IBTC Pensions Managers, the Claimant’s Pension Administrator, being deducted from his salary as his contributory pension.
Mr. Dolapo Ajayi, Solo Phone’s West Africa Regional Director
The judge further ordered the company to pay the claimant’s Pension Fund Administrator the said sums set within thirty (30) days to the Claimant.
Justice Adeniyi made the above order on May 12, 2022, while delivering judgment in the suit filed by the claimant, Liyi Victor against the company, Solo Phone Nigeria Limited and it’s West Africa Region Director, Mr. Dolapo Ajayi.
Liyi, an Acting Regional Manager (North) of the company, through his lawyer, E. N. Ogbu had dragged the company and Dolapo before the court in a suit numbered NICN/KD/06/2015, challenging his unlawful termination of his appointment by the company. And the company’s refusal to pay his operational allowances and failure to remit the money deducted from his salary as pension to his pension administrator.
He had consequently asked the court for declaration that he is entitled to a refund of the sum of N52,000, deducted from his monthly salary for a period of Seven months amounting to the sum of N364,000, only on the basis of the contract transferring ownership of the official car to him after 3 (three) working years.
“A declaration that the non-payment of his operational allowances by both defendants for a period of Seven months amounting to the sum of N210,000 only, for no justifiable reason constitutes a breach of Contract.
“A declaration that the first and second defendants’ decision to determine his contract of employment on the basis of the outcome of an investigation carried out with respect to his conduct and activities without giving him an opportunity to make his representation and after having received his letter of resignation, constitutes an infraction of his right to fair hearing as guaranteed under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“A declaration that the first and second defendants’ decision to determine the Claimant’s contract of employment after having received his letter of resignation is null and void and of no effect.
“An order directing the both defendants to refund unto him the sum of N364, 000, only being the cumulative sum of N52, 000, deducted from his monthly salary for a period of Seven months on the basis of the contract transferring ownership of the official car to him after three working years.
“A declaration that he is entitled to a refund of the cumulative sums of the monies which the two defendants deducted from his monthly emoluments at the rate of 7.5% of the sum of N270,000 monthly emoluments totaling N243,000, towards the compulsory Contributory Pension Scheme under the Pensions Reforms Act 2014, L.F.N. up to the date of the Claimant’s resignation.
“An order directing both defendants to refund unto the Claimant the sum of N210,000, owed him as operational allowances while being engaged in the employment of the two defendants.
“An order directing the two defendants to refund unto the him the cumulative sums of the monies deducted from his monthly emoluments at the rate of 7.5 percent of the sum of N270, 000, monthly emoluments totaling N243, 000, towards the compulsory Contributory Pension Scheme under the Pensions Reforms Act 2014, L.F.N. up to the date of the Claimant’s resignation.
In the alternative, the claimant asked the court for an Order directing the company and its Regional Director, to remit into his account the 7.5% of the sum of N270,000, monthly emoluments totaling N243,000, towards the compulsory Contributory Pension Scheme under the Pensions Reforms Act 2014, L.F.N. up to the date of the Claimant’s resignation.
He also asked the court to award in his favour sum of N10 million as general damages, against the first and second defendants jointly and severally, for the breach of the Contract of Employment between them. And 10 percent interest on the judgment sum from the date of judgment until the judgment debt is fully and finally liquidated.
However, the defendants in their statement of defence and Counter-Claim, filed by their counsel, Kabir Momoh, admitted owing four months out of the seven months being claimed by the Claimant as operational allowances.
They also admitted claimant’s claim for non-remittance of the sum of money deducted from his salary as contributory pension and promised to remit same to the Claimant’s Pensions Fund Administrator. But maintained that the appointment of the Claimant was properly terminated.
They further contended that despite having terminated the claimant’s appointment, he refused to return the facilities given to him to carry out his official duties, especially the second defendant’s Toyota Camry car with Registration Number: LAGOS EPE 235CP.
The defendants however asked the court for an order compelling the claimant to return and hand over to the company a Toyota Camry car with Registration Number: LAGOS EPE 235CP in his possession, in good and functional condition, or if damaged, its market value.
Justice Adeniyi after perusing all processes filed by the parties and submissions made by their lawyers and while citing plethoras of authorites, held that; “I have painstakingly examined the totality of the pleadings filed by both parties in contention; the reliefs claimed, the totality of the admissible and relevant evidence adduced at the trial; and the totality of the written addresses and oral summations of learned gentlemen for the two parties; and my view is that two issues call for determination in this suit. Without prejudice to the other issues formulated for determination by the respective learned counsel,………”
“In totality, the Court adjudges the claim of the Claimant as meritorious in part. For avoidance of doubts and abundance of clarity, judgment is hereby entered in favor of the Claimant in part, against the Defendants upon the terms set out as follows: “It is hereby declared that the defendants’ decision to terminate the Claimant’s contract of employment after his letter of resignation was received is null and void and of no effect.
“The Defendants are hereby ordered to pay to the Claimant forthwith the sum of N120, 000, being four months operational allowances owed while the Claimant was in the first defendant’s employment.
“The defendants are further ordered to remit to Stanbic IBTC Pensions Managers, the Claimant’s Pension Administrator, the sum of N243, 000, deducted from Claimant’s salary as his contributory pension.
“It is hereby also ordered that the defendants shall pay to the Claimant and remit to the said Claimant’s Pension Fund Administrator the sums set out in (2) and (3) above within thirty (30) days to the Claimant.
“Parties shall bear their respective costs.”
Source: nicnadr.gov.ng
