Justice Bashar A. Alkali of the Kaduna division of the National Industrial Court, has awarded a damage sum of $26, 599.78 USD and N5 million against a firm, Ronchess Global Resources Plc, for unjust termination of the appointment of one of it’s expatriates, Mr Emad Alshaerr.
The above judgment sum, according to the judge, are: $22, 000, being the claimant’s unpaid arrears and outstanding salaries; $4, 000 being the claimant’s unpaid one month salary in lieu of notice; USD 599.78, being the ticket from Claimant’s annual leave and N5 million, as general damages for breach of contract and unfair labour practice.
The judge also ordered the firm to 22 percent bank interest on the entire judgment sum per annum from April 10, 2025, when the judgment was delivered to the date it pays the entire judgment sum.
Apart from the judgment sums awarded against the firm, Justice Alkali, also declared the termination of Alshaerr’s employment, as a breach of the terms and conditions of the offer of letter of employment dated March 22, 2022.
Above orders and declaration were made by Justice Alkali in a judgment in the suit marked NICN/KD/31/2023, filed by
Mr Emad Alshaerr against the firm,
Ronchess Global Resources Plc.
Alshaerr through his lawyer, Mr. Joseph O. Chukwuemeka, had dragged the firm before the court and asked for the followings: “a declaration that the termination of his employment by the defendant is wrongful, unlawful, illegal and was done in bad faith.
“A declaration that the termination of his employment by the defendant is in breach of the terms and conditions of the offer of letter of employment dated 22nd March, 2022.
“A declaration that termination of his employment by the defendant without one month’s notice and or Contemporaneous payment of the One Month Salary in lieu of notice is wrongful, and null and void.
“The sum of $22, 000 USD, being arrears and outstanding salaries owed him and unpaid by the defendant.
“The sum of $4,000 USD being his unpaid One Month salary in lieu of notice.
“The sum of $599.78 USD, being the ticket from his annual leave not refunded by the defendant.
“The sum of N1.1 million, being the outstanding and unpaid allowances.
“22 percent bank interest on the entire judgment sum per annum from the date judgment is delivered till the date the Defendant pays the entire judgment sum.
“The sum of N10 million, as general damages for wrongful termination, psychological trauma and stress occasioned by the termination. And Cost of the suit.
The firm, Ronchess Global Resources Plc through its lawyers,
H. Suleiman and Emmanuel Ejim, filed a statement of defence to the suit and urged the court to discountenance and decline all the claimant’s reliefs.
Deciding the suit, justice Alkali, in his judgment held that: “….. flowing from the forgoing, the Claimant has failed to prove his outstanding monthly allowance in the sum of N1,100,000.00 to the satisfaction of the Court and it shall be refused accordingly.
“Against the foregoing analysis, the Claimant has succeeded in proving his claim against the Defendant, the defendant is also liable to pay to the Claimant the sum of N5, ,000, 000 (Five Million Naira) only damages for the unfair labour practices of unfairly prolonging the Claimant’s probation, which is forbidden by Section 254C-(1)(f) of the Constitution and Sections 13 and 15 of the National Industrial Court Act as unfair labour practice.
“It is hereby granted as follows: “a declaration that the termination of the Claimant’s employment by the Defendant is in breach of the terms and conditions of the offer of letter of employment dated 22nd March 2022.
“The sum of Twenty-Two Thousand United States dollars ($22, 000) being arrears and outstanding salaries owed the Claimant and unpaid by the defendant.
“The sum of Four Thousand United States dollars ($4,000) being the Claimant’s unpaid One Month salary in lieu of notice.
“The sum of Five Hundred and Ninety-Nine Dollars Seventy-Eight Cents (USD 599.78) being the ticket from Claimant’s annual leave not refunded by the Defendant.
“Twenty-two percent (22%) bank interest on the entire judgment sum per annum from the date the judgment is delivered to the date the Defendant pays the entire judgment sum.
“The sum of N5,000,000.00 (Five Million Naira) as general damages for breach of contract and unfair labour practice.
“Relief 7 is dismissed for lack of proof.
“All terms of this Judgment are to be complied with within 30 days from today without prejudice to the right of Appeal by both parties.
“I decline to award any cost.”
