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IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA IN THE LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS BEFORE HIS LORDSHIP HON. JUSTICE J. D. PETERS DATE: NOVEMBER 19, 2015 SUIT NO: NICN/LA/198/2013 BETWEEN Mr. Adeyinka Opeaiye - Claimant AND Nestle Nigeria Plc. - Defendant REPRESENTATION Peter Ilegogie & I. C. Odo Mrs. for the Claimant. C. Ogbonna with M. Abu Mrs. & C. Azuatalam for the Defendant. CONSENT JUDGMENT The Claimant, by his Amended Statement of facts dated 19/12/13 claimed against the Defendant as follows: A. A declaration that the dismissal of the Claimant from the service of the Defendant as contained in letter of dismissal Ref No. FHRD/3800635 of 31st December, 2012 is wrongful, unlawful, unconstitutional, null and void and of no effect whatsoever. B. A declaration that the purported investigations by the Defendant which culminated in the summary dismissal of the Claimant is contrary to the principles of natural justice and a deliberate and calculated infraction of the Claimant’s right to fair hearing as contained in and preserved by Section 36(1) of the Constitution of the Federal Republic of Nigeria 1999 and null and void and of no effect whatsoever. C. A declaration that the dismissal of the Claimant based on the unconfirmed and unverified report as well as proceedings connected therewith are void ab-initio and consequently a nullity in that the purported finding on gross misconduct with particular reference to Section 6.3.5 (b) of the Nestle' Employee Handbook is contrary to equity and justice and of no effect. D. A declaration that the employment of the Claimant with the Defendant is still subsisting notwithstanding the purported dismissal. E. An order compelling the Defendant to reinstate the Claimant to its services as Factory Supply Chain Supervisor and to pay to the Claimant his full salaries, entitlements, allowances, gratuities and/or benefits from the date of dismissal up to the date of judgment and reinstatement namely: i. Gratuity analysis contribution: July 2009 closing balance = N1,783,929.53; ii. August 2009 to December 2012 (41 months): Claimant’s contribution monthly = N12,601.88 x 41 months = N516,677.08 + N1,783,929.53; iii. Total gratuity contribution = N2,300,606.61; iv. Pension/provident contribution, July, 2009 closing balance = N1,232,485.09; v. August 2009 to December 2012 (41 months); Claimant’s contribution monthly = NI2,286.84 x 41 months = N503,760.44, Defendant’s contribution monthly = NI3,646.58 x 41 months = N559,509.78; and vi. Total pension contribution between Claimant and Defendant = N2,295,755.31k. F. Payment of N25,933.42 being pension contribution of the Claimant and Defendant monthly from January, 2013 up to judgment and re-instatement. G. Payment of NI2,601.88 being Claimant’s gratuity contribution monthly from January, 2013 up to judgment and re-instatement. H. Payment of N160,478 being Claimant’s salary monthly from January, 2013 up to judgment and re-instatement. I. Payment of Solicitors fees in the sum of N500,000.00 (five hundred thousand naira only) incurred in prosecuting this suit. The Claimant claimed in the alternative as follows: a. An order compelling the Defendant to pay to the Claimant all his gratuities, entitlements, benefits/emoluments, salaries as expected income from the Defendant having worked for 15 years and still have 15 years (180 months) more to work and resign voluntarily: i. Gratuity contribution: monthly gratuity deduction from pay slip x 180 months NI8,053,76 x 180 = =N=3,249,540; ii. Pension contribution: monthly pension deduction from pay slip x 180 months = N20,051.71 x 180 = = N=3,609,307.8; iii. Salary: basic salary x 180 months = = N=160,478 x 180 = 28,886,040; iv. Leave allowance: leave on pay slip x 15 years =N=2,888,604; v. Housing allowance: deduction from pay slip x 15 years = =N=I4,299,980; and vi. Total claim expected =N=50,044,867. The Claimant filed all requisite processes and frontloaded same as required. The Defendant filed its Memorandum of Appearance and Consequential Amended Statement of Defence dated 7th May, 2013 and 14th March, 2014, respectively. Trial was concluded in this matter on 22nd April, 2015 and pursuant to direction of the Court in accordance with the Rules of this Court learned Counsel on either filed their final written addresses and adopted same on 30th September, 2015. This case was then adjourned to 10/12/15 for Judgment. However on 5/11/15, the parties in this case filed a Terms of Settlement along with a Motion on Notice for an order of Court setting the matter down for adoption of the Terms of Settlement executed between the parties and dated 5/11/15. Hearing Notices were issued and served on learned Counsel to hear this application. In moving his application, learned Counsel for the Defendant urged the Court to adopt the Terms of Settlement executed by the parties and dated 5/11/15 as the Judgment of this Court. He submitted that parties have amicably settled their differences. Learned Counsel for the Claimant also confirmed same. I read and understood all the processes filed by learned Counsel for the Defendant/Applicant in this case. I also listened with attention to the oral submission of learned Counsel in Court. By paragraph 6 of the said Terms of Settlement, ''following reconciliatory meetings held between the Claimant and the Defendant, the parties have now agreed to amicably settle this dispute on the following terms: i. the Defendant shall pay the Claimant the sum of =N=3,524,682.69 (three million, five hundred and twenty four thousand, six hundred and eighty two naira, sixty nine kobo) as gratuity due to the Claimant from the Defendant; ii. the Defendant shall convert the Claimant’s dismissal from its employment to termination of employment; and iii. the Claimant shall withdraw his claims against the Defendant in this suit''. The parties further agreed by paragraph 7 of the Terms of Settlement that ''The above terms shall be in full and final settlement of all the Claimant’s claims against the Defendant as constituted in this suit''. Therefore, pursuant to the Terms of Settlement dated and filed 5/11/15, signed by the parties and their respective Counsel and the application of learned Counsel on either to be entered as the Judgment of this Court same is here entered as the Judgment of this Court in this case. Each party is to bear their respective cost of this suit. Judgment is entered accordingly. ____________________ Hon. Justice J. D. Peters Presiding Judge