The Presiding Judge, Kaduna Judicial division of the National Industrial Court, His Lordship, Hon. Justice Sinmisola Adeniyi has declared the employment termination of Mr. Temitope Owoeye from Kaduna Electricity Distribution Company as a breach of contract.
Justice Adeniyi ordered the company to immediately pay Mrs. Olufunke Owoeye In substitute of Mr. Temitope Owoeye who is now deceased the sum of Two Million, Three Hundred and Thirty-Three Thousand, Six Hundred and Twenty- Five Naira as damages with One Hundred Thousand Naira cost of action within 60 days.
However, on the N27,443,811.00 unpaid entitlements claim, the court dismissed the claim for the failure of Owoeye to discharge the burden of proof.
From facts, the claimant- late Temitope Owoeye had submitted that Kaduna Electricity Company breached the terms of his contract of employment by not affording him with the opportunity to defend the allegations of misconduct levelled against him before his appointment was terminated.
He further contended that he was denied his entitlements and benefits as contained in the letter of offer employment that the action of the company caused him serious injury and damages to his professional career urged the court to grant the reliefs sought.
In defense, the Kaduna Electricity Company stated that the Owoeye’s was issued query and he failed to honour the invitation to appear before the Disciplinary Investigation Committee to defend allegations levelled against him, that Owoeye’s employment termination followed due process, urged the court to dismiss the case.
The company further submitted that Owoeye’s cumulative pension entitlements had been remitted to his Pension Fund Administrator, denied owing the amount claimed as allowances and other entitlements.
In opposition, the Claimant maintained under cross-examination that he replied the query through e-mail but was not aware of the invitation to appear before the Disciplinary Committee denied the report that he refused or neglected to attend the Disciplinary Committee set up to investigate the alleged misconduct.
After careful perusal of the submission of both parties, delivering the Judgment, the Presiding Judge, Justice Sinmisola Adeniyi held that Kaduna Electricity company afforded Owoeye the opportunity of being heard which he failed to utilize before the company exercised its power to terminate his appointment that the complaint of not being given opportunity to be heard is baseless and lacks merits.
“From the surrounding circumstances of the instant case, it is crystal clear that the Defendant breached the terms of the contract employment by terminating the Claimant’s appointment before the expiration of the two (2) year term agreed by parties. And I so hold.” Justice Adenyi ruled
On the sum of N27,443,811.00 unpaid entitlements claim, Justice Adeniyi held that claims for allowances and or benefits are claims for special damages that must be claimed specially and proved strictly and the Claimant failed to discharge the burden of proof to entitle him to this claim.
