Therefore, given the circumstance of this suit, the Claimant is entitled to the reliefs sought. Learned Counsel submitted that by virtue of Section 1 of the Labour Act, CAP L1, LFN 2004, an employee or worker is entitled to his wages. ON ISSUE 2: Whether the Claimant is entitled to the reliefs prayed for in the Complaint. Learned Counsel submitted further Exhibit C2A which is evident of continuous payment of salaries of the Claimant by the Defendant shows that Claimant was still in the employment of the Defendant after the expiration of the earlier three months. He relied on Section 91 of the Labour Act, 1974. Learned Counsel submitted that the trite law is that a contract of employment could be written, oral, expressed or constructive. That the renewal was done verbally and Claimant continued working for the Defendant until she instituted this action. Learned Counsel submitted that based on the averments of the Claimant in her Statement of Claim, it is obvious that the Claimant was employed by the Defendant for a period of three months subject to renewal. ON ISSUE 1: Whether the Claimant was an employee of the Defendant until March, 2018 when the action was instituted against the Defendant Whether the Defendant’s failure, neglect, and/or refusal to file and/or enter defence in this matter does not amount in law to an admission of all the claims of the Claimant.Whether the Claimant is entitled to the reliefs prayed for in the Complaint.Whether the Claimant was an employee of the Defendant until March,208 when the action was instituted against the Defendant.In Claimant’s final written address dated 30 th March, 2019 and filed 4 th April, 2019, Learned Counsel to Claimant formulated three (3) issues for determination: Thereafter, the case was adjourned to enable parties file, exchange and adopt their final written addresses. On the part of the Defendant, she did open her defence but chose to rest her case on that of the Claimant. She adopted her witness statement on oath, tendered documents admitted as exhibits and she was cross examined subsequently. Hearing in this suit commenced on the 12 th of March, 2019 to which the Claimant herself testified as CW1. That for the three months period the Claimant worked, she was never owed by the Defendant. That at the end of the three months which was February, 2016, the employment of the Claimant was not renewed. On the part of the Defendant, she stated in her statement of defence dated 16 th August and filed same day that from the letter of appointment given to the Claimant, her employment is for three months subject to renewal on new terms. This has resulted in the nature of reliefs sought by the Claimant in this suit. That all civil avenues employed by the Claimant including causing a letter dated 5 th January, 2018 written by Counsel in Legal Aid Council of Nigeria, Calabar Branch to the Defendant failed. As it stands presently, the total sum owed the Claimant is N1,953,846.00. From the period of employment till instituting this suit, the Claimant’s salary was paid irregularly.
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