Justice Salisu Danjidda has ordered Petlink International Limited to make a financial restitution to Mr. Kenneth Dimgba.
The Lagos division of the National Industrial court on Tuesday directed the company to pay Mr. Dimgba a sum totaling $28,113.66 and N5,071,400.71.
This is as a result of unpaid commissions owed to Mr. Dimgba for contracts negotiated on behalf of the firm from 2016 to 2021.
Background
Mr. Kenneth Dimgba had been an employee of Petlink Int. Limited as a Field Engineer/Representative since September 2001, initially with an annual gross salary of $30,000.
In November 2005, they raised his salary to $42,000 per annum.
At the commencement of this legal action, the exchange rate was $1 to N306.
The firm unilaterally shifted Mr. Dimgba’s salary payment to Naira without modifying the employment contract, using an exchange rate of $1 to ₦150.
The separate contract he held with the firm, entitling him to a 5% commission on new business introductions, ceased payment in 2016.
Petlink Int. Limited’s response to the case was limited to entering an appearance and filing a Notice of Preliminary Objection (NPO), which was subsequently dismissed for lacking merit.
The firm did not file any defence, leaving the case effectively undefended.
Mr. Dimgba’s counsel argued that, as long as his client’s employment remained in effect without valid termination by the defendant, he was entitled to his salary from 2019 onward and urged the court to grant this request.
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Court’s Decision
Delivering judgment, Justice Danjidda emphasised that when evidence presented by one party in a legal proceeding remains unchallenged by the opposing party, the court has the prerogative to accept that unchallenged evidence.
The court found that Mr. Dimgba successfully demonstrated the existence of a contractual agreement for a 5% commission and his role in bringing clients to Petlink Int. Limited, including the issuance of invoices and payments by these clients to the firm.
As a result, Justice Danjidda ordered Petlink Int. Limited to pay Mr. Dimgba the sum of $28,113.66 and N5,071,400.71 as unpaid commissions for the years 2016-2021, as agreed upon in the contract.
Additionally, the court awarded the cost of action of N1 million against Petlink Int. Limited.
