Industrial Court Voids Termination of Employment by MedView Airline, Dismisses Counter Claim For Lacking Merit

• 1771 Thursday 21st June 2018

 

 

Lagos---His Lordship, Hon. Justice E. A. Oji of the National Industrial Court of Nigeria, Lagos Judicial Division on Monday 21st June 2018 in a Judgment delivered declared that MED-VIEW AIRLINE PLC act of termination of CAPT. DIPEOLU AYODEJI OLUDOTUN employment null and void and of no effect having come after the employment had ended and also dismissed counter-claim of for lacking merit.

 

On 27^th of July 2017, the Claimant commenced this suit and sought among others against the defendant for A declaration that the said wrongful Termination of Appointment “with immediate effect” on the ground that the Claimant allegedly abandoned his duty post without first giving him an opportunity to be heard on the allegation is also a breach of Claimant’s constitutional right of fair hearing the Labour laws and is also null and void and of no effect whatsoever.

 

The Defendant counter-claimed against the Claimant among others for the sum of N10, 522.00 USD being the sum paid by the Defendant to train the Claimant abroad from 11^th April, 2016 to 1^st May, 2016.

 

The Claimant’s case is that he was employed by the Defendant to the position of Captain (Pilot).  That the Defendant on or about 29^th March, 2017 sent him to the United Kingdom (UK) in company of one Captain Stephen Fevrier to train 1^st Officer Anthony Otobo and 2^nd Officers Ayeni, Sawyerr and Oziegbe.

 

That, on his return from the U.K, on the 3^rd of April, 2017, he was bed-ridden with back-ache and food poisoning.  That he decided to take a rest as was customary and International Best practice in the service of the Airline worldwide which required a pilot to take at least 2 days to recuperate. 

 

That, during that period of recuperation, he received no call from the Defendant to ascertain his state of health or where-about. That the Defendant, on the 6^th of April, 2017 without reasonable cause and, without ascertaining the state of his health and wellbeing issued a letter purporting to terminate his appointment with immediate effect on the ground that he abandoned his duty post. 

 

The case of the Defendant is that upon the Claimant returning to Nigeria on the 3^rd April, 2017, he never showed up or reported to duty as expected of him. That the Claimant rather than reporting to duty decided to resign his appointment with immediate effect, and posted his resignation letter via DHL Courier service on the 3^rd April, 2017  without giving any prior notice or payment in lieu of a notice to the Defendant.

 

The Claimant did not approach the Defendant's medical Personnel for any complaints. That, the Claimant’s acts of absenteeism for three (3) working days, had cost the Defendant serious economic loss and damages to its business. That, the Claimant on the 7^th April 2017 admitted and confirmed via email, ‘Without Prejudice’ to the Defendant, that he sent his resignation letter alongside his identification card on the 3^rd April, 2017. That the Claimant's resignation letter dated 3^rd April, 2017 is a clear breach of Bond Agreement dated 18^th March, 2017 duly signed and executed by the parties.

 

That the Claimant/Defendant to counter claim is still in default of financial burden expended on him during training and reimbursement of his employer having resigned his appointment outside the stipulated time contained in the executed Bond Agreement.

 

The claimant contends that the disciplinary procedure in the staff handbook was not adhered to in terminating his employment and the rules of natural justice not applied. 

 

After reviewing the argument, processes filed and the submissions of learned Counsel of both parties, the Court Presided by Hon. Justice E. A. Oji expressed thus;

 

“…Having already found that termination of contract of employment, by either party to it, takes effect when received, it follows that by the time the Defendant’s letter was received by Claimant, the contractual relationship between the parties had already come to an end by the resignation of the Claimant.  There was therefore, no more in existence, any contract of employment between the parties for the Defendant to terminate.  I therefore find that Defendant’s act of termination is null and void and of no effect having come after the employment had ended.

 

“On the Defendant counter-claimed for the sum of N10,522.00 USD, It is obvious from the evidence before this Court that though the Claimant left before the expiration of two years contrary to his bond agreement, however, he is only liable to refund the training expenses if he left within the period of training, which he did not.

 

“In the circumstance, I find that though from evidence, Claimant violated his bond agreement, Defendant is not entitled to refund of the training expenses because the bond agreement itself provides that it is only when the employee left in the course of training that the employer is entitled to refund.

 

“On the claim for general damages for loss incurred as a result of the breach of contract by Claimant, Defendant did not lead any shred of evidence in proof of the alleged loss.  On the whole, I find that the Counter-claim fails.

 

For Full Judgment, Click Here

 

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