- Evans Brothers (Nig.) Publishers vs. Falaiye
- ₦ 200
Evans Brothers (Nig.) Publishers vs. Falaiye
EVANS BROTHERS (NIG.) PUBLISHERS LTD.
A. S. FALAIYE
COURT OF APPEAL
( IBADAN DIVISION )
S. AKINOLA AKINTAN, JCA ( Presided and Read the Lead Judgment )
MORONKEJI OMOTAYO ONALAJA, JCA
FRANCIS FEDODE TABAI, JCA
25TH JUNE, 2002
ACTION - Wrongful termination of employment - Action brought for
reinstatement - When court can grant
DAMAGES - Wrongful termination of employment - Quantum of damages
payable to employee - How calculated
MASTER AND SERVANT - Contract of employment - Termination thereof
- Right of an employer to effect - When
and how can be done
MASTER AND SERVANT - Contract of employment - Unlawful termination
- Damages for - Measure of damages
MASTER AND SERVANT - Contract of service - Bindingness of between
employer and employee
MASTER AND SERVANT - Contract of service - Contract with statutory
flavour - What amounts to - Legal incidence of
MASTER AND SERVANT - Contract of service - Status of where termination
of employment is challenged - Duty of court in respect of
MASTER AND SERVANT - Duty on court not to impose an employee on an
unwilling employer - Scope of the principle
MASTER AND SERVANT - Employee whose employment does not have statutory
flavour - When terminated - Whether can be reinstated
MASTER AND SERVANT - Employment with statutory flavour - What amounts
MASTER AND SERVANT Termination
of employeeâ€™s appointment Whether proper or unlawful - Test of
MASTER AND SERVANT - Termination of employment - Power of employer to
terminate employment - Whether there is any restriction thereto
MASTER AND SERVANT - Termination of employment - Whether there is duty
on employer to disclose reasons for terminating employment Remedy available to
MASTER AND SERVANT - Wrongful termination of employment - Damages
recoverable - Anticipatory damages - Propriety of
MASTER AND SERVANT - Wrongful termination of
employment - Remedy open to employee - Whether includes order of reinstatement
MASTER AND SERVANT - Wrongful termination of employment - When it
Whether by virtue of the respondentâ€™s employment being
pensionable, the appellant was contractually bound to retain the respondent in
its employment until he attains the retirement age of 60 years.
Whether by issuing the letter of termination, the
appellant validly and effectively terminated the respondentâ€™s employment.
If the answer to (2) is in the negative, whether the
court ought to have awarded the reliefs claimed by the plaintiff/appellant.
plaintiff/respondent sued the defendant/appellant at the High court of Oyo
State for a declaration amongst others that the purported termination of his
appointment and the procedures adopted by the defendant were unlawful, invalid,
null and void.
alleged that he was appointed as a Senior Editor on a
salary of N9,200 per annum in group 7 of the companyâ€™s
salary structure. Apart from his basic salary, he was entitled to several other
allowances. Plaintiff contended that he performed his duties with the company
efficiently as a result of which he got rapid promotions. He was promoted to
the position of Deputy General Manager (Publishing) on basic salary Grade 10
and later to Controller of Publishing Services.
plaintiff was on his annual vacation leave, he received a letter terminating
his appointment which termination was to take effect within four (4) days of
the notice of the termination.
At the end of
trial, the learned trial Judge held inter
alia, that the termination of the plaintiffâ€™s appointment was wrongful and
therefore invalid. He awarded a grand total of N5,320,557.00 as damages to the
plaintiff which sum included plaintiffâ€™s salary per annum for twenty-one
(21) years, being the number of years
plaintiff would have remained in defendantâ€™s employment, if his employment had
not been terminated.
The defendant was dissatisfied with the
judgment and therefore appealed.