CaseLaw
Olaniyonu V. British-American Ins Co. (1974) CLR 1(h) (SC)
Judgement delivered on January 25th 1974
Brief
Facts
The plaintiff brought a claim was for special and general damages in an action for wrongful dismissal. Provision was made for a week’s notice of termi¬nation by either side in the service agreement.
The plaintiff was originally employed as a salesman and later promoted to the post of Staff Manager. He was previously paid weekly based on sales. This was altered to a weekly basic wage in addition to commission payable at the end of each fiscal year.
The question was as to whether this alteration amounted to a novation of the terms of his ser¬vice agreement. The High Court dismissed the claim but the Western State Court of Appeal set aside the judgment of the High Court and held that the dismissal was wrongful.