J ustice Bashar Alkali of a Kaduna Division of the National Industrial Court has ruled in favour of one, Emad, in a case against a firm, Ronchess Global, declaring that his employment was unlawfully terminated.
The judge further held that the action of the firm is unlawful and a breach of the conditions outlined in Emad’s employment contract.
Justice Alkali consequently ordered Ronchess Global to pay Emad a total of $22,000 in outstanding salaries, $4,000 in lieu of notice, and $599.78 to cover the cost of his return ticket after an approved annual leave—bringing the total dollar compensation to over $26,000. Additionally, the court awarded N5 million in general damages for breach of contract and unfair labour practices.
In his suit, Emad had argued that upon his return from an annual leave, funded from his own pocket, despite contractual terms requiring the employer to cover such expenses, he received no updates on his work schedule.
He added that after contacting the company regarding his pending salary arrears, he was surprised to receive a termination email accusing him of abandoning work for personal travel.
In its statement of defence, Ronchess Global argued that although it approved the leave, Emad travelled without arranging his return ticket through the company, and that his employment was still under probation, which excluded him from the requirement of notice or severance.
However, Emad’s counsel contended that he had worked well beyond the sixmonth probationary period without any formal confirmation or termination, thus making him a confirmed employee by default.
In his ruling, Justice Alkali dismissed Ronchess’ claims, affirming that an employer cannot indefinitely delay confirmation to evade responsibility. He concluded that Mr. Emad’s employment was constructively terminated without due process, violating both the letter and spirit of the employment agreement. Ronchess Global has 30 days to comply with the payment order.
