Hon. Justice Rabi Gwandu of the National Industrial Court, Lagos Judicial division has invalidated the purported dismissal of one Olayinka Alabi from Standard Chartered Bank.
Justice Gwandu held that the bank failed to adhere to the principles of natural justice and the company’s disciplinary policy and procedure rules in determining Olayinka’s employment.
The Court nullified the proceedings and the decision of the bank disciplinary panel held on 10th August 2016 in respect of the allegation of misconduct against Olayinka; and ordered the firm to pay (Olayinka Alabi) the sum of N12, 250,000 (Twelve Million, Two Hundred and Fifty Thousand Naira) for the wrongful, unlawful and illegal termination of his employment.
From facts, the claimant- Olayinka Alabi had submitted that he was neither questioned nor queried by any officer of the bank in respect of the alleged misconduct prior to her suspension, and her subsequent dismissal from service does not follow due process.
She continued that the disciplinary panel set up by the bank breached the rules of natural justice and her protests and objections were peremptorily dismissed as inconsequential by her boss, urged the court to grant the reliefs sought.
In defense, the defendant- Standard Chartered Bank submitted that Olayinka was found to have submitted inappropriate claims in contravention of the company Group Expenditure and Travel Policy and was recommended for dismissal by the disciplinary panel in line with the company's staff handbook and the appeal panel upheld the decision of the disciplinary panel.
Counsel to the bank, Oluwatosin Iyayi Esq. submitted that Olayinka failed to prove by documentary or oral evidence that her contract of employment was wrongfully terminated by the bank, urged the court to dismiss the case in its entirety.
Delivering the judgment, the presiding judge, Justice Rabi Gwandu held that the entire process leading to the dismissal of Olayinka Alabi was conducted in a manner that violated the Disciplinary Policy and Procedure Rules formulated by the bank and non-conformity with the constitutional rules of natural justice.
Justice Gwandu held that the allegations of hostility from one's superior that ultimately result in an employee’s dismissal, especially where the same superior officer presided over the panel that recommended the dismissal of said employee should not have been taken lightly by the panel and will not be condoned in any way by the Honourable Court.
Justice Gwandu described such action as an act of gross misuse of power and an infringement on the fundamental rights of an employee to fair hearing before such a grave verdict as dismissal, especially in the Banking and Financial Sector where she may never get employed.
The Court further held that the bank also failed to tender the investigative report that damned Olayinka, and no link between the allegations and exhibits to the actual crime.
