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Lagos --- His Lordship, Hon. Justice J. D. Peters of the National Industrial Court sitting in Lagos has declared the dismissal of Mr. Vincent Anyanwu by Niger Insurance Company Plc on the unproven allegations as wrongful, set aside the dismissal and ordered that Claimant dismissal be converted to termination of employment without notice.
The court held that it was inhumane for the firm to have dismissed the Claimant as it did without offering him an opportunity to be heard, respecting the grave allegations against him.
In summary, the Claimant approached and sought against the Defendant for The sum of =N=15,315,555.15 (Fifteen Million, Three Hundred and Fifteen Thousand Five Hundred and Fifty-Five Naira Fifteen Kobo) as Claimant’s unpaid gratuity as at 31/12/2011. The sum of =N=5,000,000 (Five Million Naira) as general damages for malicious dismissal and hardship caused to the profession and person of the Claimant as a result of willful and fraudulent letter of verification of credentials of the Claimant among others.
The Defendant entered an appearance and counter-claimed for A Declaration that the retention and promotion of the Claimant in the employment of the Defendant from the year 2006 were based on fraud and forgery committed by the Claimant and to refund all the salaries collected.
From pleadings, claimant was employed by the Defendant in June, 1984 as a Copy Typist; that while working he acquired so many qualifications up to Degree in Public Administration from Lagos State University via absorption of Delta State University Satellite Campus, Anthony village students by Lagos State University; that by 2015 when he was dismissed from the employment of the Defendant where he had worked for 31 years and reasons in accordance with the said letter of dismissal were allegation of Gross Misconduct, Misrepresentation and fraudulent act of forgery of Bachelor Degree Certificate by the Claimant and a letter titled Verification of Credentials was attached thereto.
That he took steps to clarify the allegations of forgery against him; that he went to LASU, obtained his certificate from there and sent same to the Defendant and that was after his dismissal. Claimant added his entitled to one month notice if his appointment were to be terminated.
In argument, Defendant stated that sometime in 2014, the company went on staff credential verification, that the Lagos State University responded in writing that the said letter dated 8th February 2006 was forged and that due to the forgery identified by Lagos State University and lack of protest from the Claimant or any clearance or retraction from the Lagos State University, the Claimant’s employment was dismissed in line with the terms of his employment.
The defendant maintained that summary dismissal is the consequence of Claimant’s act of dishonesty, fraud that an employee dismissed is not entitled to salary in lieu of notice or any terminal benefits, prayed the Court to dismiss the case of the Claimant and enter Judgment for the Counter-claims.
Counsel to the Claimant asked issues for determination whether by the evidence adduced by the Defendant in this suit, they have proofed allegation of Forgery of LASU Degree Certificate against the Claimant or whether by the evidence adduced by the Defendant in this suit, the Defendant has proofed counter-claim against the Claimant.
It was the submission of the learned Counsel that the Claimant was denied the right to fair hearing; not afforded opportunity to offer explanation before he was dismissed and that there is no record of a Query given to him to answer with respect to the alleged forged certificate and that the Defendant did not comply with the disciplinary procedure as contained in the Defendant Staff Handbook prayed the Court to dismiss the counter-claims and enter Judgment in favor of the Claimant.
Delivering the judgment, Justice Dele Peters dismissed the counter-claims in their entirety for lack of proof by cogent and admissible evidence and expressed thus;
“In all this and between the time of receiving letter from LASU and the dismissal of the Claimant there is no evidence of the Claimant being afforded any opportunity to proffer some explanation as to the authenticity of the documents he submitted to the Defendant. This is in violent breach of Defendant Staff Handbook and the internal disciplinary mechanism put in place by the Defendant.
“...the Head of Examinations & Records of LASU confirmed that that document is not forged; that it was issued by LASU and that it is superior to any other document issued to the Claimant. The available evidence and findings in this case point to one and irresistible conclusion that the dismissal of the Claimant on the unproven allegations was wrongful. I so find and so hold."
The court made consequential orders, set aside the dismissal of the Claimant and convert the dismissal to termination of employment without notice, ordered that the dismissal of the Claimant be converted to termination of employment without notice with effect from 30/9/15 same date on the letter of dismissal.
Justice Dele Peters also ordered to pay to the Claimant the sum of =N=174,037.00 being one month salary in lieu of notice of termination of employment as provided by Exh. C36, and the sum of =N=15,315,555.15 as the gratuity due to the Claimant as at 31/12/11 together with the accrued interest with interest at savings account rate from 31/12/11 till final liquidation with the sum of N=3,000,000.00 as general damages.
