The Presiding Judge, Uyo Judicial Division of the National Industrial Court, Hon. Justice Salisu Danjidda has dismissed the N20m entitlement and N5m damages claims filed by Mr. Asaka against First Bank of Nigeria for lack of proof.
The Court held that Mr. Asaka has not by the evidence presented established that he was being underpaid by the First Bank of Nigeria or that he was entitled to any payment upon resignation of his employment.
From facts, the Claimant- Mr. Asaka had submitted that First Bank of Nigeria never paid him his complete monthly salary as contained in his letter of employment till his resignation in July 2018, and all efforts to get his entitlements proved abortive.
In defence, the Defendant- First Bank of Nigeria maintained that there was no contract of employment between it and Mr. Asaka that Mr. Asaka was out-sourced to it, and further that the Defendant not being a party to a contract of employment with Mr. Asaka cannot be bound by the terms of the contract.
Learned Counsel to First Bank, E. N. Tionsha Esq further contended that the failure of Mr. Asaka to join the outsourcing company as a party and to also lead credible evidence to show that the outsourced company is an agent of the bank is fatal to the case, and further that Mr. Asaka has not proved his claims for terminal benefit and ex- gratia, urged the Court to dismiss the case in its entirety.
In opposition, the claimant’s counsel contended that the basic incident of employer/employee relationship is the payment of salaries and allowances as evidenced by Exhibits tendered which clearly show that his client was an employee of the First Bank of Nigeria, not an independent contractor, and urged the Court to grant the reliefs sought.
In a well-considered judgment after careful evaluation of the submissions of both parties and exhibits tendered, the presiding Judge, Justice Salisu Danjidda affirmed the employment relationship between Mr. Asaka and the First Bank of Nigeria and held that the acts of the First Bank of Nigeria and outsourcing company regarding the employment of Mr. Asaka led to the conclusion that the Outsourcing company being an agent of the First Bank of Nigeria recruited Mr. Asaka to work for the bank.
Justice Danjidda reiterated that the claim for payment of balance of salaries is a claim for liquidated sums thus a special claim which by law must be specifically pleaded and proved with certainty to warrant a grant of same.
The Court held that Mr. Asaka has not by the evidence presented established that he was being underpaid by the Defendant or that he was entitled to any payment upon resignation of his employment.
