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FLASH: Industrial Court Declares Summary Dismissal Wrongful, Orders Firm To Pay Claimant’s Salary In Lieu And 200,000 Cost of Action Within 30 Days
Abuja---His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court of Nigeria, sitting in Abuja on Monday 9th July 2018 in a judgment declared as wrongful the summary dismissal of EMMANUEL EZEONYE (claimant) from the service of BON. HOTEL STRAHON LIMITED (defendants) due to the denial of claimant to call his last witness to testify in his defence at the disciplinary inquiry that culminated in his summary dismissal, ordered defendant to pay claimant sum of N41,751.70 being one month salary in lieu of notice and 200,000 for cost of this suit, all payable within 30 days.
The Claimant approached this Court via complaint dated 31/8/2017 and sought against the claimant among others; That the purported termination of the Claimant’s appointment was wrongful, illegal, null and void. AN ORDER of this Honourable Court mandating the Defendant to immediately pay the Claimant special damages or the sum of Four, Million, Three Hundred and Eighty–five Thousand, Eight Hundred and Fifty One Naira and Four Kobo (4,385,851.04) Only being Eight (8) years Gratuity as stipulated by the Condition of Service of the Defendants and the Circular Letter of the Ministry of Labour respectively. AN ORDER that the Defendants pay to the Claimant the sum of Ten Million Naira (N10,000,000.00) Only being General/Aggrades Damages for the hardship caused to the Claimant and his Family and other Dependents for wrongful termination of appointment.
The case of the Claimant was that he was employed by the Defendants as a Cook from 22/12/2009 to 31st May, 2017 for a period of Eight (8) years where he worked under four (4) different Chefs while in the services of the Defendants without any conflict until when Chef Daniel was employed in year 2016, things then begun to turn soar in the Department. That because of turn of events, the Claimant had to complain to the Defendants. The Claimant stated that when the hatred, maltreatment and intimidation by the Chef Daniel to him worsen he complained by filing grievance form designed by the Defendants for that purpose, this was followed by a complaint letter which was submitted to the Defendants to intervene for peace and harmonious working relationship. According to the Claimant on 23/5/2017, the Defendants in collusion with Chef Daniel issued a letter urging the Claimant to appear before Disciplinary Panel. The Claimant stated that his employment was terminated by the Defendants based on the framed allegations.
According to the Claimant on 27/5/2017 when he appeared before the Disciplinary panel, the panel refused to grant the Claimant adjournment to enable him bring his last witness to testify who was indisposed due to ill-health, rather than grant adjournment to the Claimant to call his last witness the Defendants rushed and terminated his appointment within 5 and 6 six days.
In arguing the issue for determination, defendant counsel submitted that the Claimant has not led sufficient evidence to prove that his dismissal from the employ of the Defendants was wrongful and in breach of the terms of his contract of employment, this is because parties were all invited to state and defend their cases and also call witnesses where applicable, neither has he proved that the intent of the Defendants was to terminate his employment and not dismiss him as contained in the body of his letter.
According to Counsel, the Claimant was made to face disciplinary panel following his failure to defend allegations he had made against some staff of the Defendants. According to Counsel the allegation of gross misconduct levelled against the Claimant are recognized grounds for dismissal of employee and no notice is required to be given.
After reviewing the argument, processes filed and the submissions of learned Counsel for both parties, the Court Presided by Hon. Justice Sanusi Kado expressed that, there is no dispute from the facts as disclosed by the pleadings of the parties.
“… It is interesting to note that the Defendants in the evidence before the Court admitted that Mr. Fabian Ajaebu, the Claimant’s proposed witness is their staff and was granted sick leave due to surgery he undergoes.
“In view of the state of the pleading I am of the view that the disciplinary committee was in a rush to dismiss the Claimant by denying him his right to call his last witness in his Defence. Having refused to grant adjournment, the investigation Committee has breached the Claimant’s right to fair hearing.
“I have no hesitation in coming to the conclusion that the procedure adopted by the Defendants in dismissing the Claimant from service did not comply with the law. The proceeding violates rules of natural justice, the entire proceeding is therefore ultra vires, there is no disciplinary hearing as per as the law is concerned.
In all, His Lordship declared as wrongful the summary dismissal of the claimant from the service of the defendants due to the denial of his claimant to call his last witness to testify in his defence at the disciplinary inquiry that culminated in his summary dismissal.
The court declared that the Claimant is entitled to be paid by the Defendants the sum of N41,751.70 being one month salary in lieu of notice.
The court ordered Defendants to remit the sum of N93,855.24 being the Claimant’s contribution pension deduction from his salary for the period 1st June, 2016 to 31st May, 2017 to the STANBIC IBTC Pension Fund Administrator where the Claimant is having his pension account.
His Lordship refused the Claim for payment of N4,385,351.04 special damages for 8 years gratuity due to lack of proof.
And the payment of sum of N200,000.00 as the cost of this action
The terms of this Judgement shall be complied with in 30 days from today.
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