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Hon. Justice Sanda Yelwa of the Lagos Judicial Division of the National Industrial Court has dismissed the allegation of unlawful employment termination claim filed by one Loi against Mastercard Foundation for lacking merit.
The Court held that Loi' termination was lawful and complied with the employment contract, and no breach of fair hearing or international labour standards was proven.
From facts, the claimant- Loi had submitted that her employment with the Mastercard Foundation was wrongfully and unlawfully terminated. She contended that the termination breached her employment contract, company policies, and principles of natural justice. She sought reinstatement to her position, payment of outstanding salaries and allowances, exemplary and aggravated damages of cumulative N200,000,000.00 and a declaration that the termination was wrongful.
In defence, the defendant- Mastercard Foundation averred that the foundation followed every due process, having afforded Lois with all evidence and allowed her to defend herself during the disciplinary hearing. Counsel to the Mastercard Foundation, Muyiwa Ogungbenro Esq, further submitted that Loi has admitted to breaching company values, which she later retracted, and urged the Court to dismiss the case.
In a well-considered judgment, the presiding Judge, Justice Sanda Yelwa reiterated that in a contract of this nature, it is the terms between the parties that constitute the contract, which shall remain sacrosanct and guide its interpretation.
The Court stressed that the law is where an employer dismisses or terminates the appointment of an employee on grounds of misconduct or any infraction, all that the employer needs to establish to justify his action is to show that the allegation was disclosed to the employee, that he was given a fair hearing, and that the disciplinary panel followed the laid down procedure if any.
Relying on the exhibits before the Court, Justice Yelwa held that disciplinary proceedings that were initiated by Mastercard Foundation against Loi, whose procedure was not faulted by the evidence tendered by Loi.
The Court stated that Loi bears more burden to show by her evidence that there was a breach of the process that culminated in her termination.
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