Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2020) JELR 80397 (NICN)    
National Industrial Court of Nigeria  ·  NICN/OW/41/2017 ·  22 Jan 2020 ·  Nigeria

Ratio Decidendi

Core Terms Beta
claimant’s counsel
cross examination
counter claim
defendant company
claimant’s case
defendant’s counsel
defendant’s handbook
inventory report
issue number
exhibits c1
facts of this case
rules of this court
statement of defence
defendant’s employee handbook
order of court
points of law
unlawful termination of the claimant
absence of any proper investigation
conditions of his service
conduct of the defendant
custody of the human resource office of the defendant
customer service officer
depot manager mr. ezekiel
dw1 osuji azubuike
employee of the defendant
exhibit cw1
existence of a valid contract of employment
first witness
following reliefs
form part of same transactions
hearing of the misconduct
inventory of the defendant
learned counsel
letter of advice
mr. azubuike osuji
principles of fair hearing
provision of exhibit c3
purported letter of dismissal of the claimant
query letter
spurious counter claim
substantive claims
such damages
written document
written testimony of dw2

I.S GALADIMA J.: The facts of this case are that the Claimant was an employee of the Defendant for a period of 15 years before his dismissal which was purportedly as a result of shortfalls found in the stock inventory amounting to a deficit of ₦12.9M (Twelve Million, Nine Hundred Thousand Naira only).

The Claimant, purportedly as Store keeper, had undertaken an inventory of the Defendant’s pharmaceutical warehouse on the 10th of September, 2016 in the presence of one Mr. Azubuike Osuji, the Customer Service Officer who also endorsed the inventory report on the 13th of October to be correct and was later sent to the depot manager Mr. Ezekiel who confirmed same to be correct.

The Claimant’s case is that he was wrongfully dismissed as the procedure taken by the Defendant was contrary to the terms and conditions of his service with the Defendant company and same was not in accordance with the laid down procedures for discipline as contained in pages 29, 30 and 33 of the Defendant’s employ…

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