Courtroom orders Pharmaceutical agency to instantly launch employees authentic College certificates, awards damages
The Presiding Decide, Kaduna Judicial division of the Nationwide Industrial Courtroom, His Lordship, Hon. Justice Sinmisola Adeniyi has dismissed the claims filed by Seagreen Prescribed drugs agency in opposition to her former employees Mr. Adaji Gabriel for missing benefit and substance.
Nevertheless, the Courtroom held that the motion of the Prescribed drugs agency in retaining the unique credential of Adaji Gabriel isn’t solely illegal however oppressive, ordered the quick launch of his Usman Dan Fodio College certificates, and awarded the sum of Two Hundred and Fifty Thousand Naira [N250,000] damages in opposition to the agency for the hardship and struggling inflicted for withholding similar.
From details, the Claimant’s Seagreen Prescribed drugs had alleged that the Defendant’s Adaji Gabriel had been warned on a number of events on poor efficiency on execution of duties however regardless of the warnings, the Defendant incurred indebtedness inflicting a loss to the agency.
The corporate additional alleged that Adaji was summarily dismissed when he refused to make returns of the products/merchandise and did not refund the cash for the products, claimed for the sum of Three Million, Ninety-Three Thousand, Six Hundred and Fifty-Three Naira (N3,093,653.00) being the returns gross sales of product, supplies and items provided to the Defendant as proven in Adaji ledger of account; N100,000.00 authorized charges and N500,000.00 common damages.
In defence, the Defendant’s Adaji contended that after the receipt of his discover of resignation, he was known as for account reconciliation and additional that he issued a hand over observe after the account was reconciled, that the agency is indebted to him for unpaid salaries, floating bills and commissions, terminal advantages and demanded the discharge of his authentic credential which had been withheld by the agency, Counter – Claimed for the sum of N1,033,985.00 whole terminal advantages and an order compelling the pharmaceutical firm to return his originals credentials amongst others.
In opposition, the agency additional averred that the Adaji failed to hold out his duties to recuperate the money owed from clients earlier than he tendered his resignation letter; that the money owed recovered had been deducted from the ledger account that Adaji’s had been paid his salaries and bonuses and thereby maintained that the Defendant is indebted to her urged the court docket to grant the reliefs sought.
Delivering the Judgment, the Presiding Decide, Justice Sinmisola Adeniyi held that no weight will be hooked up to Adaji’s ledger account within the absence of the maker with regard to the declare of indebtedness.
“Such a doc as Exhibit C6- ledger Account, unsigned because it was, is incapable of creating the truth that Defendant incurred losses and that he’s indebted to the Claimant. And I so maintain.
“Because it stands, there’s nothing earlier than the Honourable Courtroom worthy of consideration to warrant granting aid (1) sought by the Claimant.
The court docket additionally held that the Adaji Gabriel failed to steer any proof in assist of his entitlement to 7.5% pension contribution and terminal profit entitlement claimed that an worker who claims should present how he got here by the quantum of the sums claimed.
“I’m of the view that having voluntarily exited the Firm on 07/01/2015 over 5 (5) years, the act of retaining the unique credentials of the Defendant by the Claimant is nothing greater than modern-day slavery. It’s unfair labour observe, which this Courtroom now has jurisdiction beneath Part 254C (1) (f) of the 1999 Structure.” Justice Adeniyi