The Presiding Judge, Calabar Judicial Division of the National Industrial Court, Hon. Justice Sanusi Kado has declared the employment termination of Mr. Joseph and Gladis from XIN XIN MINING RESOURCES as wrongful.
The Court ordered Xin Xin Mining Resources and Shanghai to pay Mr. Joseph and Gladis N43,000.00 and N24,000.00, respectively, as one-month salaries in lieu of notice of termination and N300,000 each as the cost of action within 30 days.
On Mr. Joseph’s claim of N1,000,000.00 (One Million Naira), being alleged money given to him by his witness for safekeeping. Justice Sanusi Kado stated that there is nothing to show that the witness gave Mr. Joseph the said money for safekeeping for business, as there is also no evidence to show the kind of business to be done with the money and who is to conduct the business.
From facts, the 1st claimant, Mr. Joseph, who worked as a driver, had submitted that upon resumption at work, he notified Shanghai of a lack of fuel in the official vehicle he was driving, for money to be given for the purchase of some fuel. However, contrary to his expectation, the Shanghai reaction was to inform him that he had been fired.
Mr. Joseph averred that on 8/8/2021, while he was in his official quarters sleeping and resting, the Shanghai trespassed, intruded and broke open their official residence in the company of four boys, and the Shanghai also ordered boys to throw out their properties in the rain.
In addition, Mr. Joseph stated that the sum of one million naira given to him by a witness to keep in safe custody in furtherance of business purposes on the 7/8/2021 was nowhere to be found.
The 2nd claimant, Gladis maintained that she was in the employ of the defendant till 8/8/2021, when she was asked not to resume work again.
Learned Counsel to Mr. Joseph and Gladis argued that his clients’ employment came under the category of employment with statutory flavour and that the defendants acted in disregard of the law as it relates to termination of employment, and consequently renders void.
However, the defendants- Xin Xin Mining Resources and Shanghai failed and neglected to file memorandum of appearance or file defence to the claim.
In a well-considered judgment, the Presiding Judge, Justice Sanusi Kado, held that there are no facts pleaded regarding Mr. Joseph and Gladis’ employment having a statutory flavour, and further that the submission of counsel on statutory flavour was based on a great misconception of law.
The Court declared the termination of Mr. Joseph and Gladis’s employment as wrongful due to the way and manner their employment was terminated by the defendants, as no notice was given to the claimants or payment of salary in lieu of notice.
On the Claimant’s claim of N1,000,000.00 (One Million Naira), being money given to Mr. Joseph by the witness for safekeeping. Justice Sanusi Kado stated that there is nothing to show that the witness actually gave Mr. Joseph the said money for safe keeping for business, as there is also no any evidence to show the kind of business to be done with the money and who is to conduct the business.
Justice Kado expressed surprise that in this era of technology, an individual will give another person the sum of N1,000,000.00 (One Million Naira) for safekeeping when there are banks established for such safekeeping.
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