Judgment: Industrial Court Declares Dismissal Wrongful, Orders Firm to Pay N70,000 Salary To Disengaged Staff

• 2382 Wednesday 16th May 2018

 

 

Lagos---His Lordship, Hon. Justice Mustapha Tijani of the National Industrial Court of Nigeria, Lagos Judicial Division on Wednesday 16th May in a judgment delivered declared termination of the MR DANIEL. S. OKWUBUASI employment by PISCES POWER AND SERVICES LTD wrongful; ordered Firm to Pay among others to the claimant the sum of N70,000.00 (Seventy Thousand Naira) as the claimant’s one month salary in lieu of notice.

 

 

The case of claimant is that he was employed by the Defendant as welder technician on May 22, 2008 and he remained in the defendant’s employment for a period of four years.  According to the claimant, on the 8^th day of June, 2012, he was sent to work for a client of the defendant, that on his completion of the assignment and return to the office, the claimant was issued a letter of termination of appointment on ground of gross misconduct despite the fact that claimant did not receive any query prior to the dismissal. The claimant said that he demanded for explanation on the gross miss conduct leading to the termination of his employment from the defendant’s human resources manager but the HRM to the claimant that he was acting under instructions. To the claimant, his appointment was wrongfully terminated, hence this suit.

 

 

In reaction, the defendant denied the claimant’s allegations, to the defendant, the claimant’s employment was not wrongfully terminated but was a result of gross miss conduct, that the claimant was issued with various warnings, reprimands and was also suspended from his duties, that as a result of various misconducts and inappropriate behavior of the claimant, his appointment was terminated.  

 

By General Form of complaint dated  July 18, 2017, the claimant claimed for the following reliefs among others; An Order that the Claimant’s appointment was wrongfully terminated and that the said termination is null and void. An Order that the Claimant’s letter of termination dated 8^th June, 2012 is null, void and of no effect.

 

Likewise, An Order that the Defendant pay the following to the Claimant Salary in the sum of N70,000 (Seventy Thousand Naira) for the month of June, 2012.

 

On reliefs 1 & 2, the defendant submitted that the claimant has not been able to establish a case of wrongful termination. The defendant then adopted all the submissions it made under issue NO 1 and urged this court not to grant these reliefs.  The defendant then referred this court to the pay off voucher which is the cheque that was refused while urging this court not to grant these reliefs.

 

Furthermore, the claimant went on that having admitted part of the claims of the claimant; the defendant cannot ask the court to dismiss the action.

 

After reviewing the argument of the parties, the Court Presided by Hon. Justice Mustapha Tijani expressed thus;

 

“Having painstakingly examined the claimant’s case and the defence put up by the defendant.

 

There is also no evidence before me to suggest that the claimant has more than one signature; more so, Exhibits DWF-F1 were altered which alteration in my humble view rendered their authenticity doubtful. There is also nothing before this court in form of claimant’s reply to Exhibits DWC and DWD which would serve as a proof that the claimant was actually served with those queries. In the circumstance, I find and hold that Exhibits DWC, DWD and DWF – F1 having not been proved to have been served on the claimant, are hereby discountenanced.

 

In the instant case, the defendant, having failed to justify gross misconduct by the claimant, I find and hold that the termination of the claimant’s employment is wrongful.

 

In sum, for all the reasons stated, the claimant’s case succeeds in part and only in terms of reliefs 3.1, 3.2 (in part) and 3.9 as indicated. For the avoidance of doubt, therefore, the claimant’s case succeeds in terms of the following orders which shall be complied with within 30 days of this judgment:

1. The defendant shall pay to the sum of N8,667.00 (Eight Thousand Six Hundred and Sixty Seven Naira) as the claimant’s salary from 1^st-8 ^th of June 2012.
2. The defendant shall pay to the claimant the sum of N70,000.00 (Seventy Thousand Naira) as the claimant’s one month salary in lieu of notice.
3. The defendant shall remit to Stanbic IBTC the sum of N244,930.00 (Two Hundred and Forty Four Thousand, Nine Hundred and Thirty Naira) being the total pension contribution of the claimant deducted by the defendant but not remitted, which sum is to be credited into the claimant’s Retirement Savings Account (PEN 100471400809).
4. Failing any of the above shall attract 10% interest per annum until fully paid.

Judgment is entered accordingly. I make no order for cost

 

 

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