Available Remedies or Wrongful Termination of an Employment with Statutory Flavour

CASE TITLE: MOGAJI v. BENUE STATE UNIVERSITY (2022) LPELR-56727(CA)

JUDGMENT DATE: 4TH FEBRUARY, 2022

PRACTICE AREA: LABOUR LAW.

LEAD JUDGMENT: YARGATA BYENCHIT NIMPAR, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Labour Law.

FACTS:

This appeal is against the decision of the National Industrial Court, sitting in Makurdi, and delivered by Justice S. H. Danjidda, J.

The claimant/appellant, at the trial Court, claimed declaratory, injunctive and monetary reliefs against the Respondent, relating to his employment and unjustified dismissal from the services of the Respondent. The Appellant sought for the payment of entitlement, promotion, salaries, allowances, general damages and post-judgment interest.

Parties joined issues and the matter proceeded to hearing. At the end, the trial, the Court partly entered judgment in favour of the Appellant by nullifying the dismissal Order and ordered the reinstatement of the Appellant but refused to award the monetary and other declaratory reliefs, without advancing any reasons thereof.

Aggrieved with part of the said judgment, appellant appealed to the Court of Appeal.

ISSUES:

The appeal was determined on the following issues:

1. Whether the learned trial Judge was right when he refused the Appellant’s relief for payment of Appellant’s entitlements of promotions, salaries and allowances in the circumstances of the case.

2. Whether the learned trial Judge erred in law in not making any finding on the reliefs 14 and 15 which the Appellant sought before the Court and in the circumstances of the case.

DECISION/HELD:

The appeal was allowed. The judgment of HON. JUSTICE S. H. DANJIDDA delivered on the 4th February, 2020 was affirmed with an addition in terms of the relief seeking an order for the payment of salaries and allowances.

RATIOS:

• LABOUR LAW- EMPLOYMENT WITH STATUTORY FLAVOUR: Nature of an employment clothed with statutory flavour
• LABOUR LAW- EMPLOYMENT WITH STATUTORY FLAVOUR: Remedies available to an employee whose employment is protected by statute and is wrongfully terminated
• DAMAGES- GENERAL DAMAGES: Whether general damages can be granted where reliefs for salaries/allowances/reinstatement have been granted in an action for wrongful termination of employment
• JUDGMENT AND ORDER- AWARD OF INTEREST: Circumstance(s) where interest will not be awarded on monetary judgment