Hon. Justice Joyce Damachi of the Lagos Judicial Division of the National Industrial Court has ordered Opportunity Solutions Limited to pay Mr. Towumi salaries for the Months of February and March 2021, and the sum of N200,000.00(two hundred thousand naira) cost of action.
The Court held that Mr Towumi’s employment was not wrongfully terminated and the court is convinced that Mr. Towumi was given adequate notice by the conversation referred to on the 19th of March 2021.
From facts, the claimant- Mr Towumi, a Software Engineer had submitted that he worked actively for the Tech firm for 8(eight) months from 1st August 2020 to March 2021 substantively online from home without complaint beyond 6 months probation period.
Mr Towumi averred that sometime in March 2021, he was improperly disengaged without prior or written notice and, in a recorded online meeting, without the effective date of termination, without his entitlements or reasons for termination.
In defence, the defendant- Opportunity Solutions Limited maintained that Mr. Towumi who was on probation abandoned his job sometime in February when he got his present job and was relieved of his job. The defendant submitted that Mr Towumi is the one who breached the contract by going contrary to the stipulated contract by getting another job whilst still in the employment by the firm and also giving inadequate notice.
In opposition, the learned counsel to Towumi maintained that at no time whatsoever did his client engage in/get another full-time employment in February 2021, nor inform the firm about any new job or in any other month whilst in the employment of the Defendant. Neither was he fond of calling in sick or being under the weather whilst in the employment of the firm, and urged the Court to grant the reliefs sought.
In a well-considered judgment, the presiding Judge, Justice Joyce Damachi reiterated that paying salaries and other benefits to an employee after the period of probation had lapsed, is a confirmation of the appointment by the conduct of the defendant employer.
The Court ruled that Opportunity Solutions Limited is estopped from arguing that it was Towumi who terminated the contract between the parties and the argument that the firm’s entitlement to withhold Towumi’s entitlement is against the law.
Justice Damachi held that Mr Towumi’s employment was not wrongfully terminated and the court is convinced that the claimant was given adequate notice by the conversation referred to on the 19th of March 2021.
Furthermore, the court refused Mr. Towumi’s claim for Salaries in arrears, counting from April 2021 till the date of judgment, on the ground that salaries cannot be awarded for a period not worked.
“From a comprehensive reading of Exh C4, the Claimant was still rendering service to the defendant after he had sent the chat about his new engagement and asked for 5 days for an onboarding session, and there was no adverse reaction by the defendant, that if the action of taking 5 day for onboarding session was not palatable or acceptable to the defendant or if it was out of tune with the mode of operation of the employer, a query or a termination letter would have been issued to the claimant immediately, unfortunately, this was not the case, instead the employer thanking him for his understanding and to further suggest that the claimant should resign since the defendant could not continue to pay his salary (due to non-availability of funds).” The Court ruled
