Court Rules 1.00 Base Salary To Mean 100% In Mathematical Judgment

Justice Nelson Ogbuanya of the National Industrial Court (NIC)
has ruled in a landmark judgment that 1.00 base salary means 100
percent.

Delivering judgment in a case filed by Mr. Francis Ejeh Odeh
against his former employers, Gasstocks Limited, seeking to resolve
dispute arising from the method of calculating some aspects of his
terminal benefits, upon his resignation from the employment, the
judge held that 1.00 is 100.

The claimant had asked for eight reliefs amongst which was an
order that 1:00 of any amount means one whole of that amount and
not 1/100 of that amount.“An order of this court directing the
defendant to abide by its terms and conditions in accordance with
the contents of the said terms and conditions attached to the offer
letter dated October 30, 2012.

“An order of this court directing the defendant to apply 1:00 in
calculating the entitlements of the claimant, being what is
contained in the terms and conditions attached to the offer letter
dated October 30, 2012,” the claimant had prayed among others.

In his judgment, Justice Ogbuanya said 1.00 of an amount means
one whole number and not a fraction; and when converted into
percent, means 100 percent, not one percent. His words: “And 13th
month as so expressed in exh.OJ1 means, an additional month of
equivalent value in sum with every other month of the 12 months of
the year. Thus, 1.00 of base salary means 100 percent and not one
percent.

“Applying this interpretation would entail that: the expression
1.00 of monthly Base Salary is N100, 000, which is for 13th month;
where monthly salary is N100, 000.

“The expression 1.00 of Annual Base Salary is N1, 200,000; where
monthly salary is N100, 000 x 12 months.”The judge, therefore,
directed the defendant to pay the claimant’s entitlement in the sum
of N6, 183, 333, 32 in accordance with 1:00 of monthly and annual
basic salary as contained in the terms and conditions attached to
the offer letter dated October 30, 2012; the 1.00 having been
interpreted to mean 100 percent. He also ordered the defendants to
pay to the claimant the sum of N300,000 as general damages for
breach of the employment contract.

“The above sums shall be payable to the claimant by the
defendant within one month of this judgment, failing which it
attracts 10 percent interest rate per annum until fully
liquidated,” he ordered, adding that mathematical issue presented
in the matter has once again provided justification for requiring
performance in mathematics as a qualifying subject to study law in
Nigerian Universities, “contrary to the erroneously held belief in
some ill-informed quarters that those who opt to study law are
bereft of mathematical and scientific abilities.”

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