Hon. Justice Isaac Essien of the Lagos Judicial Division of the National Industrial Court has ordered Greenlife Pharmaceuticals to return her former Staff member, Chinedu’s original Pharmacy certificate from the University of Nigeria within 7 days.
Justice Essien found that irrespective of any claim Greenlife Pharmaceuticals may have against Chinedu, it was wrong for Greenlife Pharmaceuticals to continue to keep Chinedu’s original certificate after his employment had been terminated.
The Court ordered Greenlife Pharmaceuticals to pay Chinedu the sum of N 219,300.00 representing his salary from January 2020 to 16th March. 2020, and the sum of N200k cost of action within 30 days
From facts, Claimant- Chinedu had submitted that he was offered employment by the defendant on the 15th of July 2016 until his employment was wrongfully terminated on March 16th 2020 without payment of salaries in lieu of notice to the claimant.
Chinedu averred that he was charged to court on the allegation of misconduct and alleged that the defendant held on to his original pharmacy certificate till today, making it impossible for him to earn a living or survive.
Chinedu alleged that his original certificate is being ceased and kept in the custody of the company till date and no benefit, salary and ex-gratia or other entitlements, and urged the Court to grant the reliefs sought.
In defence, the defendant alleged that the Chinedu indebtedness to the company were yet to be properly accounted for. The defendant averred that if the certificate of Chinedu is released to him without the liquidation of his indebtedness, it would be difficult to recover the said sum from Chinedu.
In a well-considered judgment, the Presiding Judge, Justice Isaac Essien, held that the court is not concerned with the allegation of criminal infractions nor is the court going to establish any criminal liability on the part of Chinedu.
The Court stated that Greenlife Pharmaceuticals, in the course of the trial, has led evidence which justifies the reasons given in the letter of termination of Chinedu.
However, Justice Essien found that irrespective of any criminal infarction that may have been committed by the claimant or any claim Greenlife Pharmaceuticals may have against the claimant it was wrong for the defendant to continue to keep the original certificate of the claimant after the claimant’s employment had been terminated and the claimant was no longer in the employment of the Greenlife Pharmaceuticals.
The Court refused the claimant’s claim for general damages for lacking merit.