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TAYLEK DRUGS COMPANY LIMITED v. PETER ONANKPA

(2018) JELR 38526 (CA)

Court of Appeal  •  CA/MK/60/2017  •  1 Nov 2018  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the National Industrial Court, Makurdi Division sitting at Makurdi. Therein, Judgment was delivered in favour of the Respondent as Claimant before the trial Court, while the counterclaim of the Appellant as Defendant/Counter-claimant was dismissed.

The Respondent a Pharmacist, as claimant was employed by the Appellant as a Medical Representative under a written contract which was subject to confirmation after probation for a period of nine months. The letter of appointment stated the terms of employment in respect of remuneration, other allowances and termination of the employment. In respect of the latter, it stated that either party could terminate the employment during the period of probation by giving two week's notice or payment in lieu of notice. For reasons of poor performance, the Appellant declined to confirm the appointment of the Respondent after the expiration of nine …

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