Justice Nelson Ogbuanya of the National Industrial Court, Lagos, has held that there is no fraction payment in periodic employment.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
He said an employee who is terminated within a new month is entitled to the full salary of that month and not a fraction for the number of days worked.
His Lordship delivered judgment in a suit numbered NICN/166/2015, by the erstwhile Human Resources Manager of Equinox Int’l Resources Ltd Abe Adewunmi against the company.
Defence counsel, Nkacha Chunwuba, argued that being an unconfirmed employee, the plaintiff was not entitled to certain terminal benefits, inclusive of salary in lieu of notice.
The claimant’s counsel C.M Ohamuo, of the Lagos State Office of the Public Defender, contended that the claimant served out the probationary period of six months and continued working without any query.
Justice Ogbuanya held that that the claimant did no wrong, and that having retained his services after the period of probation, the defendant was deemed to have confirmed him.
The judge said: “Unless the employer terminates the employment within the probationary period if it feels that the employee’s conduct and competence are not satisfactory during the probation, the employee is deemed to have been confirmed if he/she continues to work for the employer after the probationary period,” the judge said.
On payment of a fractional sum, Justice Ogbuanya cited the case of Grant Mpanugo v. CAT Construction Nig Lt & Anor. (Suit No. NICN/LA/660/2015, in which judgment was delivered on September 20 2019).
He noted that monthly salary is not calculated by the number of days worked, otherwise, there would be no equal salary given that the 12 months of a year do not have equal days, especially February.
“In my considered view, in periodic employment of this kind, an employer who decides to terminate an employee within a new month is liable to pay for the full salary of that exit month and not a fraction of the days the employee worked in the month. I so hold.
“On that note, the claimant is entitled to payment of his full salary in the month of September 2012 – the last month of his employment before his exist by way of the termination on 7th September 2012,” Justice Ogbuanya held.
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