Mr. Micheal Egbo Ugochukwu v Swiss Biostadt Limited

• Judge: Hon. Justice J. D. Peters
• Judgment Date: 06 May 2020
• Respondent: Swiss Biostadt Limited
• Appellant: Mr. Micheal Egbo Ugochukwu
• Docket Number: NICN/AB/13/2016
• Court: National Industrial Court (Nigeria)

Introduction and Claims
1. By his General Form of Complaint, statement of facts, witness deposition as well as list and copies of all the documents to be relied upon at trial, the Claimant sought the following reliefs -

1. A declaration that the Defendant breached the terms of employment as contained in the Claimant's employment letter when it refused to pay the Claimant one month salary in lieu of notice upon the termination of Claimant's employment.
2. A declaration that the Defendant breached Section 11(5) of the Pension Reforms Act, 2014 when it failed and/or neglected to open a retirement savings account in the name of the Claimant.
3. Damages of =N=93,350.00 (Ninety Three Thousand, Two Hundred and Fifty Naira) being a month salary in lieu of a month notice.
4. Damages of =N=2,000,000.00 (Two Million Naira) for failure to open a Retirement Savings Account (RSA) in the name of the Claimant in accordance with Section 11(5) of the Pension Reforms Act, 2014.
5. An Order of Court compelling the Defendant to open a Retirement Savings Account (RSA) and remit all the arrears of pension into the account.
6. =N=150,000.00 (One Hundred and Fifty Thousand Naira) being the cost of prosecuting this matter.

2. The Defendant entered an appearance, filed its statement of defence along with all other frontloaded processes on 7/10/16 and by its amended statement of defence dated 17/7/17 counter claimed as follows -

1. An Order for the payment of =N=155,250 (One Hundred and Fifty Five Thousand, two Hundred and Fifty Naira) being money for products sold by him to customers which cheques were intentionally not presented for payments on time until they became stale.
2. An Order for the payment of the sum of =N=1,349,755 (One Million, Three Hundred and Forty Nine Thousand, Seven Hundred and Fifty Five Naira) representing the cost of products sold out on credit to customers of which the amount were still outstanding against the Claimant.
3. An Order for the payment of the sum =N=2,851,737 (Two Million, Eight Hundred and Fifty One Thousand, Seven Hundred and Thirty Seven Naira) being cost of the items which were unreasonably withheld in the custody of the Defendant without just cause.

Case of the Claimant
3. Claimant opened his case on 20/2/19. He testified in chief by adopting his witness depositions dated 19/1/17 and 8/8/17 as his evidence in chief. He also tendered 11 documents as exhibits. The documents were admitted in evidence and marked as Exh. C1-Exh. C11.

4. The case of the Claimant as revealed from his evidence in chief and exhibits tendered is that the Defendant terminated his employment without giving him a month notice or a month salary in lieu of notice of termination and that the Defendant did not open a Retirement Savings Account for him respecting his pension deductions.

5. While under cross examination, Claimant testified that he was not aware that his employment was governed by the Defendant Staff Handbook; that he went through his letter of employment when he was given; that he had never seen Defendant Handbook; that he was given several queries by the Defendant while with it; that the termination of his employment was based on unsatisfactory performance as determined by the Defendant; that Exh. C10(1-5) was prepared by him after the termination of his appointment; that the Defendant had a policy that once a product was about to expire, it would be distributed to the Representatives and the Representatives had to pay from their pockets; that the policy was unwritten; that over 1000 packets were shifted to him; that they were to expire in January and March 2016 and were shifted to him in September, 2015. Witness added that that at the time of handing over, there were cheques written by customers in his possession; that the cheques were not presented to be cashed because the customers did not give a go ahead to present them; that if presented and not cashed the Defendant would deduct some money from his salary as penalty; that he informed his superior as to why the cheques were not presented; that he was aware that communication with the Defendant was to be by memo; that the Defendant instructed him to hand over all property in his possession before he could be paid his entitlement; that he was invited to come and collect but he did not go; that he did not fill any Form concerning pension; that he did not work anywhere before joining the Defendant; that he complained orally to his superior about his pension and that the Defendant had always paid his salary as at when due.
Case of the Defendant
6. The Defendant commenced its defence on 11/12/19. It called on Luke Alasa as its sole witness. DW1 adopted his witness deposition of 17/7/17 as his evidence in chief and tendered 9 documents as exhibits. The documents were admitted without objection and marked as Exh. D1-Exh. D9 respectively.

7. The case of the Defendant is that Claimant's employment was terminated for low performance which did not entitle him to any payment in lieu of notice; that Claimant did not open any retirement savings account while with the Defendant; that he was paid his full salaries and allowances without any deduction made for pension and that Claimant was indebted to it for the sums counter claimed.

8. Under cross examination, DW1 stated that he had official dealings with the Defendant in his capacity as Chief Security Officer; that he was called once to check drugs of over =N=2 Million expired in the custody of the Claimant which Claimant...