Measure of damages in a claim for wrongful dismissal  

 

 Anonymous
Joined: 51 years ago
Posts: 0
18/07/2018 2:25 pm  

"The law is settled that in a claim for wrongful dismissal, the measure of damages is prima facie the amount that the plaintiff would have earned had the employment continued according to the contract: NIGERIA PRODUCE MARKETING BOARD v. A. I. ADEWUMI (1972) 1 ALL NLR (Pt. 2) 433 at 437. Where the plaintiff was by terms of the contract, entitled to be given one month notice before the termination of his appointment by the employer, the defendant; the plaintiff is only entitled to be paid the amount he would have earned, or entitled to be paid, within the period of one month. That is the amount he would have earned within the period of the mandatory notice: WESTERN NIGERIA DEVELOPMENT CORPORATION v. JIMOH ABIMBOLA (1966) NMLR 381 at 382. The Appellant herein, was entitled to be given one month notice. He was not given the said one month notice. The amount of damages he was entitled to, in the circumstance, was one month's salary in lieu of notice and no more. The Lower Court was in the circumstance right in law to have so held. There is therefore no substance in this appeal."

 

Per EKO, J.S.C. in PETER ONYEACHONAM OBANYE v. UNION BANK OF NIGERIA PLC (2018) LPELR-44702(SC)


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