Industrial Court orders firm to pay Ex-Staff $28k, N5m contracts commission, N1m cost of action

Hon. Justice Salisu Danjidda of the Lagos Judicial Division of the National Industrial Court has ordered Petlink Int. Limited to pay Mr. Kenneth Dimgba the sum of $28,113.66 (Twenty-Eight Thousand, One Hundred and Thirteen Dollars Sixty-six Cents) and N5,071,400.71 (Five Million, Seventy-One Thousand, Four Hundred Naira and Seventy-One Kobo) being the unpaid Commission due from contracts negotiated on behalf of the firm as at 2016-2021.

However, on the claim for payment of salary from 2010 till 2021, the Court held that Mr. Dimgba’s claim for salary differentials and non-payment of same had not been proved by credible and convincing evidence.

From facts, the claimant- Mr. Kenneth Dimgba had submitted that he was employed by Petlink Int. Limited as a Field Engineer/Representative on September 2001 with salary of $30,000.00 (Thirty Thousand USD) gross per annum which was later reviewed upwards to $42,000.00 in November 2005.

He averred that at the time of the commencement of this action, the exchange rate was $1 to N306.00 and the firm unilaterally decided to pay him salary in Naira without any review or amendment of the contract of employment and has continued to use a lesser exchange rate of $1 to ?150.00

However, the Defendant- Petlink Int. Limited upon being served with the initiating processes only entered appearance and filed a Notice of Preliminary Objection(NPO) which was dismissed for lacking merit and did not file any defence hence the suit appears undefended.

Counsel to Mr. Dimgba further argued that as long as his client’s employment is subsisting and has not been validly terminated by the defendant, his client is entitled to his salary from 2019 till date, and urged the Court to grant same.

In a well-considered judgment, the presiding Judge, Justice Salisu Danjidda held that where evidence given by a party to any proceedings was not challenged or controverted by the opposite party who had the opportunity to do so, it is always open to the Court seized of the proceedings to act on the said unchallenged evidence before it.

The Court held that Mr. Dimgba has been able to prove that there is an existing contract between the parties for the payment of 5% Commission and he brought clients to the Petlink Int. Limited Company; Invoices were raised and payments were made to the firm by the clients introduced.

Justice Danjidda Petlink Int. Limited Company to pay Mr. Dimgba the sum of $28,113.66 (Twenty-Eight Thousand, One Hundred and Thirteen Dollars Sixty-six Cents), and N5,071,400.71 (Five Million, Seventy-One Thousand, Four Hundred Naira and Seventy-One Kobo) being the unpaid Commission in Dollar as at 2016-2021 due from contracts negotiated on behalf of the Defendant as agreed upon.

The court awarded the sum of N1m as a cost of action against the Petlink Int. Limited