Kano – His Lordship, Hon. Justice E. D. Isele of the National Industrial Court of Nigeria, sitting in Kano, on Friday 8th February 2019 in a judgment dismissed suit filed by Yusuf Shuaibu & 2ors (claimant) against Nigerian Bottling Company Plc (Defendant) for lacking merit and held that Defendant complied with the stipulation/provision of Staff Handbook in termination of claimant employment.
The Claimant commenced this action by Writ filed on the 14th of November, 2016 and sought among others: A Declaration that not hearing the Claimants individually or collectively amounted to a violation of their fundamental rights which render the whole proceedings against them unconstitutional, null and void.
An Order setting aside the termination of the Claimants employment handed to them on the recommendation of the disciplinary panel constituted by the Defendant against the Claimants, the recommendation for same being unconstitutional null and void.
Likewise, An Order re-instating the Claimants to their jobs and payment of all their entitlements from June 2010 when their employment was terminated until same is upset in full.
It is the case of the Claimants that they were individually employed by the Defendant and eventually they all became Driver Salesman and drove respectively for many years while in the Defendant’s service.
They maintained that on the 14th of May, 2010 they were handed queries and they all responded within 48 hours denying the allegations and despite the denials, a disciplinary panel was constituted to try them and were not allowed to be heard in their defence. After which the Defendants handed them over to the Police and charged to Court.
They maintain they were handed termination letters on 21st June 2010 and also averred that the prosecution of the matter at the Magistrate Court lasted almost 5 years and the Chief Magistrate discharged them.
Having been so discharged the Claimants wrote to the Defendant through their Counsel demanding payments of all their entitlements and salaries from June 2010 when they were terminated that this recourse was as provided in the Code of Conduct and Grievance procedure for persons who stood trial and was discharged by the Court but the Defendant after acknowledgment refused to pay.
The Defendant on its part maintained the Claimants were given fair hearing during the disciplinary hearing as they were asked of their level of involvement and they responded.
The Defendant maintained that the termination of the Claimants’ employment was simply an exercise of the Defendant’s contractual right to terminate the employment of an employee with or without reason as stated in the Defendant’s Junior Staff Handbook.
In the Defendant’s final written address, asked for determination among others whether this suit is statute barred in view of the provisions of Section 7 (1) (a) of the Limitation Act, CAP 522, Laws of the Federation of Nigeria, 2004, and Whether the Honourable Court has jurisdiction to entertain this suit.
In response, the Claimants argued by submitting that the suit is not statute barred and the Limitation Act cited by the Defendant does not apply to it.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice E. D. Isele assumed court jurisdiction to hear the suit and further expressed thus;
“It is a fact established in the course of the hearing that the Claimants had been paid their one month’s salaries in lieu and gratuities by the Defendant in Defendant’s Junior Staff Handbook.
“The Claimants did not address the above provision in their argument on the issue for determination. And it is easy to determine and to hold that this being a Master/Servant relationship the Defendant was at liberty to invoke the said clause.
“In the instant case, I have found earlier that the Defendant has complied with this stipulation/provision and there is nothing more to add to the claim of the Claimants. I hold that it lacks merit in the face of the law and the authority cited and the claims are hereby dismissed."
