In Yenagoa, Industrial Court Dismisses Claim against Firm for Lacking Merit

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The Presiding Judge, Yenagoa Judicial Division of the National Industrial Court, Hon. Justice Bashar Alkali has dismissed the entitlements claim filed by Mr. Ederamreriare Solomon against Jewells Consults Services for lacking merit.

The Court held that from the evidence adduced there is nothing to show that Mr. Solomon worked for the firm to show that he is entitled to any entitlement.

From facts, the claimant- Mr. Ederamreriare Solomon had stated he was employed by Jewells Consults Services as a Consultant Chief Mechanic with effect from 26th May 2017 and the firm terminated his employment without any notice nor was any computerization of his entitlement done as required by the terms of the contract.

He argued that having worked with the firm till 3rd February 2018, that his entitled to full February salary and other allowances, urged the court to grant the relief sought.

In defense, the defendant- Jewells Consults Services averred that Mr. Solomon was paid all his entitlements including salary in lieu of the seven (7) days’ notice as his entitlement was duly computed and paid when he was disengaged.

The defendant argued that Mr. Solomon did not lead any evidence to the effect that upon the termination of his employment effectively from 3rd February 2018 that he rendered any service to the Defendant or he remained in the employment of the firm, urged the court to dismiss the case in its entirety.

Delivering the judgment, the presiding Judge, Justice Bashar Alklai held that Mr. Solomom cannot claim to be entitled to any benefit for the Month of February 2018 in as much as his employment with Defendant was truncated on the 3rd February 2018.

The Court held that from the evidence adduced by the claimant there is nothing to show that the Claimant actually worked for the Defendant to show that he is entitled to any entitlement.

“Having regards to this finding, I am of the ardent view that the Claimant is unable to prove his case to entitle him to the reliefs sought; hence, this suit must fail and it is hereby dismissed for being destitute of merit. I make no order as to cost.” Justice Alkali ruled.

Visit the judgment portal for full details.


SOURCE: LOYAL NIGERIAN LAWYER

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