The appellant filed an action at the National Industrial Court Lagos seeking relief for the non-confirmation of his employment. The suit was scheduled for hearing on October 2011. However, on 5 October 2011, the apppellant’s counsel wrote a letter to the court with a copy to the respondents’ counsel indicating that he would be unable to attend Court on that date due to bereavement. Consequently, the parties and their counsel were all absent when the case was called on 13 October 2011. The Registrar of the Court however failed to draw the 40 attention of the court to appellant’s counsel’s letter. The court consequently struck out the suit for non-appearance of all parties.