Hon. Justice Zaynab Bashir of the National Industrial Court sitting in Port Harcourt has ordered one Mr. Malani to pay his former staff, Kate Pius the sum of N300,000 (Three hundred thousand Naira) only as damages for unjust employment termination and the sum of N35,000 (Thirty-five thousand Naira) as salary in lieu of notice of termination with immediate effect.
The court declared that the termination of Kate’s employment without the required notice or payment of salary in lieu was unlawful.
From facts, the claimant- Kate Pius had submitted that she was orally sacked without payment of her entitlement benefits having served the defendants for 9 years that the sudden termination of her employment has caused her psychological trauma and urged the court to grant the reliefs sought.
The defendants averred that Kate was hired as a maid by Mr. Malani, and was politely informed when her service was no longer needed that no condition of service of the 1st defendant- Multipro Consumer Limited entitled her to terminal benefits.
Counsel to the firm contended that there is no shred of evidence proving that any contract of employment was entered into by Kate and the Multipro Consumer Limited whether written or oral, and urged the court to dismiss the suit in its entirety.
Kate’s Counsel concluded that his client has shown by her uncontroverted evidence that she was an employee of Multipro Consumer Limited, and urged the court to grant all the reliefs sought in the interest of justice.
Delivering the judgment, the presiding Judge, Justice Zaynab Bashir held that Mr. Malani is the employer of Kate as a domestic servant, not Multipro Consumer Limited, and further that no condition of employment was placed before the court to prove Kate’s entitlement to terminal benefits.
Justice Zaynab declared that the oral termination of Kate’s employment by Mr. Malani without notice was done in contravention of the Labour Act and therefore unlawful.