Court Orders Firm To Pay Ex-CEO N40.5m Gratuity

Justice Maureen Esowe of Lagos Division of the National Industrial Court of Nigeria (NICN) has ordered Primewaterview Holdings Limited to pay the sum of N40. 5 million, to its former Group Managing Director/Chief Executive Officer, Mrs. Morola Olabisi Babalola for unlawfully terminating her appointment.

Justice Esowe directed the real estate development and investment company to pay the sum while delivering judgment in the suit filed by the former GMD/CEO against the Primewaterview Limited; PWV Management Services Limited and Primewaterview Holdings Limited.

Morola through her lawyer, Amaka Igwilo, urged the court for declaration that the termination of her employment as the Group Managing Director/Chief Executive Officer of the third defendant by the third defendant, is in breach of the defendants’ condition of service and extant laws relating to the employment of a director of a company and accordingly is ultra vires, illegal, null and void.

She also urged the court to declare that having served for over 10 years in the employment of the defendant is entitled to gratuity in accordance with the defendants’ condition of service handbook.

The claimant further demanded the sum of N94.750 million, due to her being 10 years’ gratuity in accordance with (the) 3rd defendant’s Staff Handbook and damages for unlawful termination of the claimant’s appointment in the sum of N100 million.

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Upon conclusion of claimant’s evidence, the matter was thereafter adjourned to June 22, 2022 for cross-examination, but on the said date, the defendants were not represented, also they did not file any process. Consequently, they were foreclosed.

Following the defendants’ failure to defend the suit, Justice Esowe, after going through all the processes presented by the claimant, in his judgment held that: “it is declared that the claimant having served for about 10 years in the employment of the defendant is entitled to gratuity in accordance with the defendants’ condition of service handbook.

“The first-third defendants are ordered to pay to the claimant the sum of N40.5 million as gratuity/end of service benefit for her continuous service to the defendants for almost 10 years.’’