Alraine (Nig) Limited Vs M.a. Eshiett (1977)

LawGlobal-Hub Lead Judgment Report

O. MADARIKAN, J.S.C. 

In the Lagos High Court in suit No. LA/567/73, the plaintiff (now respondent) claimed against the defendants (now appellants and hereinafter referred to as the company) the sum of N4,000.00 for unlawful termination of the plaintiff’s employment.  The amount was made up as follows:-
“3 months salary in lieu ……….. notice  N148.60
1 month pay in lieu of leave                   49.20
General Damages                           3,802.20
N4,000.00k

By a letter of appointment (Exhibit A), the company appointed the plaintiff as a Store Assistant on permanent basis with effect from the 1st January, 1969, on a salary of 162pounds per annum.  His appointment was confirmed on the 1st April, 1969, and he was given a rise of 44pounds in his salary as from the 1st July, 1970.  On the 1st January, 1971, his salary was increased to 217pounds per annum and he was awarded 1pounds as bonus for 1970.  As a result of Adebo Salary Award, his salary was converted to 277 pounds per annum on the 1st September, 1971 and subsequently his salary was revised to pounds283 per annum on the 1st January, 1972 and he was again granted 1pounds award as bonus.  His salary was again increased on the 1st January, 1973 to N598 per annum.

In April, 1973, the plaintiff prepared a voucher for some workmen.  The voucher was for N120.00 whereas the correct amount ought to be N12.00.  The voucher was checked and passed by two officers who were senior to the plaintiff and neither of them detected the error.  The plaintiff was issued a query (Exhibit F) to which he gave an answer (Exhibit G.)  We Now reproduce Exhibits F and G:-

EXHIBIT “F”
“ALRAINE (NIGERIA) LIMITED
Shipping-Stevedoring-Marine Services Clearing and forwarding-brokerage-chartering transit-warehousing-airfreight transport-container operators.

Our Ref:    IKU/EFA/PC-157/31

Your Ref:    18th April, 1973

Mr. Monday A. Esthiett,
Transport/Warehousing Section
Alraine (Nigeria) Ltd., Apapa.

Dear Mr. Eshlett,

QUERY

Will you please explain within 48 hours of receipt of this query, why you should not be disciplined for inflating overtime claimed on a voucher dated 10th April, 1973 for 8 men working from 7.30 a.m. to 7.45 p.m. by N108.00 (one hundred and eight naira).

Yours faithfully
Alraine (Nigeria) Ltd.

Sgd. Isaiah K. urhoma
Ag. Personnel/Administrative Manager

cc: General Manager, Clearing
Transport/Warehouse Manager.
EXHIBIT “G”