Mr Victor Iwegbu was appointed as a storekeeper on the 11th day of August 2008 by The La Casera Company Plc and, according to him, he performed the role diligently, or so he thought, not until 30th January 2013 when he was suddenly arrested and taken to Orile-Iganmu Police Station.
He was alleged to have stolen some properties belonging to the company and thereafter placed on indefinite suspension.
Iwegbu was detained for three (3) days after which he was taken to his house where a search was carried out. On finding nothing incriminating in his house, he was released and asked to report every day at the station.
A day after his release, he was invited by The La Casera to the office and on getting there, he was handed a letter informing him of his suspension from the company indefinitely. A week later he was told to stop reporting to the station.
On 27th January, 2021, Mr. Iwegbu caused a letter of demand to be served on The La Casera Company Plc. The company reportedly responded via its legal unit by a letter dated 4th February, 2021 wherein a letter of dismissal dated 30th June, 2013 and a police investigation report dated 14th June, 2013 were attached. Mr. Iwegbu insisted there was no communication in respect of the letter of dismissal and police investigation since 2013, when the issue arose, even though the soft drink manufacturing company had his detailed contact information.
While maintaining that nothing incriminating was found on or in his house or possession, nor did any of the company customers pointed or said it was him who sold or gave them any product, Iwegbu said the action of The La Casera was borne out of malice and wickedness because there was system failure at the company.
He maintained that the system failure affected the security system and store/warehouse keeping collapsed and that he was made a scapegoat. To redress the perceived injustice, Iwegbu approached the Lagos Judicial Division of the National Industrial Court.
In the suit delineated as NIC/LA/140/2021, Mr. Iwegbu through his counsel, Wale Ogunade Esq. of Wale Ogunade Chambers is praying the court for several reliefs. A declaration of the court that the dismissal of the claimant (Mr. Iwegbu) from the defendant’s (The La Casera) employment on the ground of crime of stealing which was never proved in any court of competent jurisdiction was wrongful and unlawful.
An order of the court directing that the dismissal letter by the defendant be revoked and the claimant’s resignation letter be accepted by the defendant. An order of the court directing the defendant to pay the claimant the sum of Eight Million, One Hundred and Seventy Thousand, Five Hundred and Eighty-Four naira (N8,107,584.00) only, (at the rate of Eighty-Four Thousand, Four Hundred and Fifty-Four naira (N84,454.00) only, per month), being the total sum of claimant’s salary from 1st February 2014 to 28th February 2021.
An order of the court directing the defendant to pay the claimant the sum of Three Million, Five Hundred Thousand Naira (500,000.00) only for unlawful termination of claimant’s appointment. An order of the court directing the defendant to pay the claimant the sum of Three Million naira (N3,000,000.00) only for general damages. The sum of Five Hundred Thousand Naira (500,000.00) only being the cost of the suit.
However, in its response, The La Casera Plc prayed the court to dismiss the suit in its entirety and award cost in its favour.
Represented by Omobayode Okelola, of the Law Crest LLP, The La Casera, in its Statement of Defence, dated 15th day of September, 2021, say the suit is irreparably statute-barred having not been filed within the time prescribed by the Limitation Law of Lagos State Caps L.84, Laws of Lagos State 2015, a development it says rob the court of the jurisdiction to entertain the suit.
Specifically, The La Casera insisted that Mr. Iwegbu’s suspension took effect from the 30th day of January 2013 while his dismissal followed on the 30th June, 2013, the timeframe within which to challenge both suspension and dismissal being six (6) years elapsed on 30th March, 2019 and 30th June, 2019 respectively, whereas the instant suit was filed on 19th March, 2021.
The La Casera further claimed that Mr. Iwegbu, was found to have breached the rules and regulations guiding his employment on or about 26th January, 2013 and was therefore queried over the following:
Failure to capture the shortage of 2546 cases of products that were observed during stock-taking by the Logistics Department on 23rd January, 2013 and during the warehouse audit which held on 21st to 22nd January, 2013, which he actively participated in. The claimant was always involved in the daily stock-taking in the warehouse and was found to have deliberately concealed the shortage until an impromptu and unannounced stock-taking by another team revealed the shortage.
Failure to drain returned defective products which were surprisingly found to be in circulation in the market. 3508 cases of drinks were given to the claimant to drain and he deliberately failed to drain them which is evidenced, amongst other things, his failure to invite the Quality Assurance team to supervise the draining in breach of laid down procedure.
Knowingly dispatching 105 cases of the defective returned products to the van of COD for sales out of which 71 cases were retrieved by the efforts of the defendant while the remaining 34 cases found their way into the market through the claimant.
The aforementioned count resulted in disruption of business and losses to the defendant and offended the provisions of Section E.3 of the defendant’s Code of Conduct, the punishment for which is summary dismissal.
Accordingly, the claimant was requested to respond to the query within 24 hours why he should not be sanctioned for the aforementioned offences.
The La Casera say even though Mr. Iwegbu’s failure to respond within the timeframe allowed and stated in his query, his response was still reviewed on its merit and found not to have answered the specific issues set out in the query and therefore unsatisfactory.
The company maintained that aside from running contrary to its Code of Conduct, the action of Mr. Iwegbu also raised public interest concern and integrity issues for it given the recirculation of products that were already identified as defective more so that they had been recalled by the company only to find their way back to the market.
On the issue of inability to secure employment as every organisation he applied to request for a recommendation letter from his last place of employment before engaging him, The La Casera said Mr. Iwegbu did not, at any time, apply for a recommendation letter from it, “and in any event (he) would only have been asked for the same by another employer on the basis that he had confirmed to such employer that he was no longer in the defendant employment.”
On the allegation by Mr. Iwegbu that his purported dismissal was never communicated to him, The La Casera insist that that position was untrue as he was invited and given the letter communicating this to him but he failed to acknowledge “for reasons best known to him”.
The matter has been adjourned till 15th November, 2021 for hearing of pending applications including preliminary objection.
YOU SHOULD NOT MISS THESE HEADLINES FROM RULERS’ WORLD
“We had some really good, quality time there,” Jeff Bezos said of travelling outside of Earth with his brother Mark. Alleged wrongful termination of appointment, Ex-Worker slams N15m suit on La Casera Alleged wrongful termination of appointment, Ex-Worker slams N15m suit on La Casera Alleged wrongful termination of appointment, Ex-Worker slams N15m suit on La Casera Alleged wrongful termination of appointment, Ex-Worker slams N15m suit on La Casera.
