Industrial Court Orders LA CASERA to pay Ex-Staff 8yrs Salary Arrears within 30 days

Eko Hot Blog reports that the Presiding Judge, Lagos Judicial Division of the National Industrial Court, Hon. Justice Maureen Esowe has ordered LA CASERA Company to pay one of its former staff Mr. Victor the sum of N7,907,709.5 (Seven Million Nine Hundred and Seven Thousand, Seven Hundred and Nine Naira five kobo) being the total sum of his salary arrears from the 1st February 2013 to 28th February 2021 within 30 days.

The Court held that the termination of Mr. Victor’s employment was on the 4th of February, 2021, the day the letter of dismissal was duly communicated to him by LA CASERA not June 2013 when the letter was purportedly issued.

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The Claimant, Mr. Victor had pleaded that sequel to his indefinite suspension without pay in 2013 on alleged misconduct, he consulted his Solicitors who caused a letter of demand dated 27th January 2021 to the company, and in response he was served a letter of dismissal dated 30th June 2013 and a police investigation report dated 14th June 2013 was attached.

He submitted that he was not in the know of the dismissal letter nor the police investigation report until the 4th of February, 2021 as there was no communication of same to him by the company. He averred that the Company violated its Junior Staff Handbook and Code of Conduct, and urged the court to grant the reliefs sought.

In defence, the defendant- LA CASERA Company maintained that Mr. Victor was found to have breached the rules and regulations guiding his employment sometime in January 2013, and he was queried, suspended and hisemployment terminated.

It pleaded that Mr. Victor was invited and given his letter of summary dismissal on 30th June 2013 which he failed to acknowledge, and he also failed to return the company’s properties in his custody including the staff identity card, staff handbook and code of conduct document which is a prerequisite for the payment of terminal benefits.

The Company averred that Mr. Victor’s dismissal was proper and lawful, urged the Court to dismiss the case in its entirety and award costs in its favour.

In opposition, the learned counsel to Mr. Victor submitted that the company must prove the alleged crime purportedly committed by his client which warranted his suspension/dismissal and the denial of all his entitlement from the Defendant jointly and severally is unlawful and urged the court to grant the reliefs sought.

In reply, the counsel to LA CASERA argued that Victor’s Counsel completely missed the mark and misrepresented the position of the law when he argued that an employer must prove an allegation of the crime beyond a reasonable doubt before he relies on the same for the determination of the employee employment, urged the court to dismiss the case.

Delivering judgment after thorough evaluation of the submissions of both parties, the presiding Judge, Hon. Justice Maureen Esowe held that an employer has the vested and inherent right to exercise disciplinary actions and powers on his employee within the confines of the condition of service guiding their employment relationship.

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The Court held that where an allegation against such employee is that of gross misconduct or that which borders on criminality it is neither necessary nor is it constitutionally required under Section 36(1) of the 1999 Constitution that such employee must first be tried before the Court of law before his employer can validly exercise disciplinary action against him.

Justice Esowe held that LA CASERA failed to credibly prove that it duly communicated to Mr. Victor his dismissal as stated on the 30th of June, 2013, and held that the termination of Mr. Victor’s employment was on the 4th of February, 2021 the day the LA CASERA Company served and duly communicated the letter of dismissal to him.

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