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RJM Law, Laywer
Category: Employment Law
Satisfied Customers: 4092
Experience:  LL.B (Hons)
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Employed in Nigeria by a company registered in Islands and

Customer Question

Good afternoon
JA: Hi. How can I help?
Customer: Employed in Nigeria by a company registered in Virgin Islands and paid in Nigeria by that company and its subsidiary in Nigeria. Contract was 3 years subject to English Law. Terminated after 1 year. No notice just a termination letter on a Friday. The contract allows for a supervisor to claim lack of ability. No letter from the supervisor. Employed as a Marine Manager and then as Marine Director.
JA: Was the termination discussed with a manager or HR? Or with a lawyer?
Customer: No. Just a termination letter delivered to my office 5pm on a Friday.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: most employees on 2 year contracts, sometimes consultants or contractors . The company has dive support vessels and largely does its own work in repairs or alterations.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: give me 10 minutes please and I shall return.
Submitted: 16 days ago.
Category: Employment Law
Customer: replied 16 days ago.
File attached (QQG3PP1)
Customer: replied 16 days ago.
File attached (1TTQ3Z7)
Customer: replied 16 days ago.
The contract was agreed for 3 yrs. In the year I worked as Marine Manager and Marine Director I undertook to bring the Marine Dept up to date. i also undertook to manage the waterside jetty and stores area. I undertook several projects especially one to bring the company in line with MLC 2006 - Maritime Labour Convention 2006 of which Nigeria is a signatory., together with other projects outlined in the attachment. at no time was I criticized for lack of ability or attention to projects either verbally or by letter from my immediate , the Operations director. The termination letter was delivered at 5pm on a Friday evening with no notice. Salary paid up to date and no salary in lieu of notice. I have made a complaint to the Nigerian Industrial Court within the Statute of Limitations and several appearance before said court . The employer has employed a company of lawyers and an equivalent to a QC . The latest suggestion by their side is for telephone discussions but nothing yet. My question is really can they terminate in this manner and am I able to claim the remaining 2 years salary of the contract.
Customer: replied 16 days ago.
Salary originally from Hydrodive Offshore international Ltd and then later divided between Hydrodive Offshore and Hydrodive Nigeria Ltd. The claim has been that I was not employed by HD Nigeria . Contract written with Hydrodive Offshore and subject to English Law but to be served in Nigeria.
Expert:  RJM Law replied 16 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you.

I will be able to provide you with guidance in relation to your question which should assist in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.

Expert:  RJM Law replied 16 days ago.

Thank you for the question.  So long as the courts have jurisdiction to hear the matter (over there) you could potentially look at bringing a claim for breach of contract.  It would seem that you were a contractor as opposed to an employee, therefore you could look at making a claim for the sums you have lost in relation to termination of the contract i.e. 2 year salary.  However, they will defend the matter and would have to sow they had the rights to terminate the contract due to aa breach on your part, however that would be for the courts to consider.  Prior to intimating any legal proceedings, I would advise having the matter assessed in full to give the merits of your claim assessed.

Expert:  RJM Law replied 16 days ago.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.