The defendant’ final written address was filed on 13th April 2018, while the claimant’s was filed on16th May 2018. At the close of trial, the parties filed their respective final written addresses. The defendant tendered Exhibits D1 to D16. The defendant called two witnesses: Mr Olumide Omotoye, the Employee Relations Manager of the defendant, who testified as DW1 and Mr Okike Enyinnaya, the Material Officer of the defendant, who testified as DW2. At the trial, the claimant testified on his own behalf as CW and tendered Exhibits C1 to C24.Cost of this action in the sum of N1,500,000.00 (One Million, Five Hundred Thousand Naira) only.ģ.The claimant in reaction filed his reply and defence to counterclaim and written statement on oath in support, to which the defendant filed a reply.The sum of N846,835.00 (Eight Hundred and Forty-Six Thousand, Eight Hundred and Thirty-Five Naira) being damages arising from the claimant’s failure to ensure that requisite deductions were made for the value of fuel used by each hauler and deducted before appending his signature on the waybill.The sum of N2,521,432.32 (Two Million, Five Hundred and Twenty-One Thousand, Four Hundred and Thirty-Two Naira, Thirty-Two Kobo) being damages arising from the claimant’s failure to ensure that 20% deductions were made on Payment Vouchers issued to the defendant’s haulers.The defendant counterclaimed against the claimant the following reliefs: In response to the claim above, the defendant filed on 28th March 2013 its statement of defence and counterclaim together with other defense processes.Interest on the amounts in reliefs (7) – (9) above at the rate of 21% per annum from the date of judgment until the final payment.The sum of N4,446,884 being the defendant’s contribution to its provident scheme from the 22nd of May 2000 to the 31st of December 2009 when the claimant was wrongfully dismissed and an additional sum to be determined by the court from 1st January 2010 to the date of judgment.The sum of N644,242 being estimate of the medical expenses incurred by the claimant from the date of his purported dismissal (31st December 2009) as a result of the defendant’s withdrawal of the free medical benefit for the claimant, spouse and four (4) children under 18yrs.(B) The following allowances and benefits per annum: An order directing the defendant to pay to the claimant all his accrued salaries, allowances, bonuses and entitlements from the 31st day of December 2009 up to the date of judgment or until the defendant finally reinstates the claimant, calculated as follows:.An order directing the defendant to reinstate the claimant to his employment, position and rank with the defendant. An order setting aside the purported dismissal of the claimant from the services of the defendant as conveyed by the defendant’s letter dated 31st December 2009.An order setting aside the proceedings and recommendations of the disciplinary panel set up by the defendant to hear and determine the allegations made against the claimant contained in an internal memo dated 21 December 2009.A declaration that the summary dismissal of the claimant by the defendant as contained in the defendant’s letter dated 31st December 2009 was actuated by malice out of victimization for the claimant’s involvement in union activities and is wrongful and/or unlawful, illegal, null and void and of no effect whatsoever.A declaration that the defendant’s Senior Staff Handbook was not part of the contract of service of the claimant and the purported dismissal of the claimant pursuant to Part III, section 18 of the Handbook is wrongful, null, void and of no effect whatsoever.A declaration that the proceedings and recommendations of the disciplinary panel set up by the defendant hear and determine the allegations made against the claimant contained in an internal memo dated 21st December 2009 did not comply with the Code of Conduct & Grievance Procedure Handbook 1996 and the rules of fair hearing enshrined in the 1999 Constitution of Nigeria and/or the principles of natural justice, equity, fairness and good conscience and is accordingly liable to be set aside.By a complaint and statement of facts (together with other accompanying originating processes) filed on 8th January 2013, the claimant prayed for:.Godwin Etim, with Mutiat Adeyemo, for the defendant. Ogbeide, Joseph Abukpain, Miss Nkechi Obichere and I.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |