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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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Resignation Refusal: Industrial Court Declares Action Wrongful, Orders FBN MICRO FINANCE To Pay N1, 082,347.75 Unpaid Salary Within 30 days


996 Thursday 25th October 2018

 

Lagos --His Lordship, Hon. Justice K. I. Amadi of the National Industrial Court of Nigeria, Sitting in Lagos on Thursday 25th October 2018 in a judgment held that the FBN MICRO FINANCE BANK LTD (Defendant) action of preventing the ODERINDE REMI (Claimant) from resigning following tendering of his resignation letter as wrongful, ordered defendant to pay sum of N1, 082,347.75 unpaid salaries from September 2013 to the 12th day of April 2014 within 30 days.

 

The Claimant commenced this suit via a complaint with other accompanying documents dated the 15th April 2014 and sought against the defendants among others; the sum of N2, 793,616.49 being salaries from September 2013 to March 2014 and other outstanding payments due to the Claimant. The sum of N10, 000,000.00 being general damages for unjust and lawful persecution of the Claimant by the Defendant. Likewise, An Order mandating the defendant to accept the resignation of the Claimant without any reservation.

 

The Claimant who was employed by the Defendant on July 2009 tendered his resignation letter to the Defendant on the 7th January 2013 which resignation letter the Defendant refused to accept. The Defendant alleged that the Claimant committed series of fraudulent acts and that he wanted to resign in order to hide his fraudulent acts.

 

Consequently, the Defendant lodged a criminal complaint against the Claimant and he was detained at the Federal Investigation Bureau and Economic and Financial Crimes Commission (EFCC). It is the case of the claimant that none of these agencies indicted him while the defendant claimed that investigations are still on-going till date. It is the claimant’s further case that the Defendant refused to pay his salaries.

 

The Defendant Counter claimed against the Claimant and sought for The sum of N15,671,906.74 being the Claimant’s indebtedness to the Defendant as at August 22, 2014 incurred as follows: The sum of N3,394,578.24 being the amount collected from Mrs. Yetunde Adeyemi by the Claimant on behalf of the Defendant but not remitted to the Defendant, The sum of N3,017,337.21 being the amount outstanding on the account of a fictitious group, “Sunrise Group” formed by the Claimant and his agents among others.

 

The Defendant on his own part stated that the Claimant being the Manager of a branch of the Defendant collected monies from customers meant for the Defendant and failed to remit them to the Defendant, that the Claimant granted loan facilities to some customers and fictitious persons without authorization.

 

In his final written address, the learned counsel for the Defendant asked Whether the Claimant as the manager of a branch is liable and responsible for the transactions carried out in his branch. And Whether the Defendant is entitled to its claims and reliefs sought in the counterclaim.

 

Counsel argued that since the Claimant stopped working for the Defendant on his own accord on April 2013 whereas the Defendant paid him his salary until October 2013, the Claimant is not entitled to the claim for salary up to March 2014.

 

However, he did not only fail to deliver on the terms of his contract of employment, but he was also found wanting in the area of fraud committed in the bank. Having been indicted by the Defendant’s constituted Disciplinary Committee panel after being given the fair hearing, the Claimant was found guilty of gross misconduct.  

 

Counsel to the claimant argued further that the power to approve loans to customers resides with the Managing Director/CEO who equally controls the loan recovery team. That the accusation of granting bad loans made against the Claimant is unfounded, hence none of the security outfits to which the Defendant made a report against the Claimant indicted him.

 

After reviewing the argument of both parties, the Court Presided by Hon. Justice K. I. Amadi expressed thus;

 “The Claimant under cross-examination said that the last time he went work was on the12th of April 2014. Not only that, by a letter, dated October 2013 and captioned ‘Re: Application for Release of salaries’, the Defendant paid the Claimant his withheld salaries up to August 2013. The letter did not state that the Claimant had left its employment as at that date. The pleading of the Defendant is that the Claimant is an employee of the Defendant “who tendered his resignation letter dated 7th January 2013, but which resignation has not been accepted by the Defendant”.

 

“In view of the foregoing, I find that the last date that the Claimant worked for the Defendant was on 12th April 2014, he is therefore entitled to his full salary for the months of September 2013 to March 2014. Also having worked up to the 12 day of April 2014 the Claimant is entitled to approximately the sum of N72, 160.75 prorated.

 

“But there is no evidence that the Claimant was suspected of involvement in an incident subject of internal/police investigation or a case pending before the Disciplinary Committee before that 7th day of January 2013 when he tendered his resignation letter. The idea is not for the Defendant to refuse the resignation of its employee on trumped up or flimsy reasons because the law is settled that an employee cannot compel the employer to retain him no matter how desirable that may be on humanitarian or other grounds. In as much as, the same way an employer cannot compel an employee to remain in his service no matter how indispensable his services may be to his employer.

“I have held that the Defendant was wrong in preventing the Claimant from resigning following the tendering of his resignation letter. Since the Claimant stopped going to work on that 12th day of April 2014 I hold that date to be the effective that of his resignation.” His Lordship ruled.

 

The court equally dismissed the counterclaims for lacking merit.

His Lordship ordered the defendant to pay Claimant the sum of N1, 082,347.75, being his unpaid salary from September 2013 to the 12th day of April 2014 and the sum of N100, 000.00, being the cost of this suit within 30 days.

 

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