Respondent was originally employed as a driver/mechanic under the P & T Ministry. Later he was absorbed into Nigerian Telecommunications Ltd (NITEL) and was given a new employment letter.

Soon after respondent was told to send back his letter as there were some manifest errors in them. He complied. Soon after, his employment was terminated.

The letter of termination was signed by one J.O. Ajibola for the M.D. of the appellant. The respondent was also offered a month's salary in lieu of notihece, both of which he refused to collect initially but was persuaded by the personnel manager of the appellant, to accept and then protest later. The respondent accepted the money and then followed it up with a letter of protest.

He then brought an action against the termination of his appointment along with special and general damages.

Appellant stated that the respondent was not wrongfully dismissed from his employment as he was duly paid a month's salary in lieu of notice which he accepted.

The Judge held that the acceptance of one month's salary in lieu of notice did not amount to a waiver, as the acceptance was done in protest.

Dissatisfied, the appellant appealed to the Court of Appeal.