Hon. Justice Rabiu Gwandu of the Lagos Judicial Division of the National Industrial Court has dismissed Mr. Idoko alleged terminal benefit against Dangote Nigeria Ltd and West Africa Popular Foods Nig. Ltd for lacking merit.
Justice Gwandu held that Michael Idoko has not proved the case as to be entitled to the reliefs sought against Dangote Nigeria Ltd and West Africa Popular Foods Nig. Ltd.
From facts, the Claimant- Mr. Idoko had submitted that he voluntarily resigned from his appointment with Dangote Ltd and West Africa Popular Foods Nig. Ltd after working for a cumulative period of 15 years, that the amount of the terminal benefit received was not in tandem with the computation for serving the two companies, and despite repeated demands, all efforts were to no avail.
In defence, the 1st defendant- Dangote Nig. Ltd stated that Idoko’s full entitlement and allowance were computed in accordance with the terms of his contract of employment with the company and have been fully paid to him.
Counsel to Dangote submitted that Dangote Ltd cannot be held to be bound to the agreement or arrangement between Mr. Idoko and West Africa Popular Foods Ltd in computing Idoko’s terminal benefit.
The 2nd defendant- West Africa Popular Foods Nig. Ltd submitted that Idoko’s claim against the firm is unsustainable and should be dismissed on the premise that there is no contract of employment between Mr. Idoko and West Africa Popular Foods Ltd but on deployment from Dangote Ltd.
The 2nd defendant’s counsel maintained that Idoko remains staff of Dangote Ltd, and that the letter issued to him only acknowledged his deployment to the West Africa Popular Foods Nig. Ltd as contained in the contract of employment and confirmation that he shall be paid a supplementary allowance and not a salary.
In opposition, learned counsel to Idoko submitted that his client is entitled to gratuity which is his terminal benefit flowing from his employment by Dangote Ltd and subsequent deployment to the West Africa Popular Foods Ltd in accordance with the terms and conditions of his employment with the Dangote Ltd, and urged the court to grant the reliefs sought.
Delivering judgment after careful evaluation of both parties, the presiding Judge, Hon. Justice Rabiu Gwandu held that there was no transfer of employment from Dangote Ltd to the West Africa Popular Foods Ltd or Unilever, that the additional payment that was made to Idoko by the West Africa Popular FoodsLtd was supplementary and not the Idoko’s main pay.
The Court ruled that Idoko has not by way of evidence proved that his services were completely transferred from Dangote Ltd to West Africa Popular Foods Ltd and cannot claim gratuity/terminal benefits from Dangote Ltd based on correspondence from West Africa Popular Foods Ltd which was neither put in writing by the Dangote nor ratified by it.
Justice Gwandu further held that Idoko cannot also claim gratuity/terminal benefits from West Africa Popular Foods Ltd because there was no contract of employment between them, and the same was not transferred nor has he proved that West Africa Popular Foods had the power to vary the terms of his employment having agreed that he would be paid supplementary allowances by the firm and not basic salary which would still be paid by the Dangote Ltd.
