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The Presiding Judge, Owerri Judicial division of the National Industrial Court, His Lordship Hon. Justice Ibrahim Galadima has declared the suspension and subsequent dismissal of ELDER PETER NWAOBIWE by THE INCORPORATED TRUSTEES OF ABA SPORTS CLUB without any just cause as unfair and wrongful, ordered payment of withheld salaries from and including the month of April 2014 till July 2014 and the sum of N1,000,000.00 damages within 30 days.
The court held that the Defendants have not established that the Claimant was dismissed in accordance with the provisions of Clause 18 contained in the employees’ handbook.
The Claimant by an amended Statement of facts filed 19th day of May 2015, sought amongst others for a declaration that the suspension and subsequent dismissal from work by the Defendants without any just cause are altogether illegal and unlawful. Likewise, An order directing the Defendants to reinstate the Claimant to his office and pay his withheld salary arrears from and including the month of April 2014 to the time of his reinstatement to office.
The Defendants in their joint final written address posited that the Claimant’s dismissal was in accordance with the provisions of his contract of employment that since the Claimant was in neglect of his duties, was therefore suspended and later dismissed by the Defendants because they lacked confidence in him.
Lastly, learned Defendants’ Counsel also argued that the suit is incompetent and this Court is robbed of the requisite jurisdiction to entertain same because it was filed against an incorporated trusteeship which is a legal person under CAMA urged the Court to dismiss these claims entirely.
In opposition, Claimant counsel argued that since the Defendants never supplied any particulars of negligence, their claim that the Claimant was negligent must be disbelieved that there was no justification whatsoever for the claimant dismissal and that claimant was never given a fair hearing before his purported dismissal which is in violation of his basic rights under Section 36 (1) CFRN 1999.
Delivering the Judgment, the presiding Judge, His Lordship, Hon. Justice Ibrahim Galadima held that the Defendants have not established that the Claimant was dismissed in accordance with the provisions of Clause 18 contained in the employees’ handbook.
“The conclusion obviously is the Claimant's employment was in fact, wrongfully determined or terminated in the manner it was done and I so find.
“Assuming I were to come to a different conclusion that the Defendants dismissed the Claimant in accordance with Clause 18 of the Employees’ Handbook such dismissal would still have been found to be unjustifiable, wrongful or unfair in the absence of any fair hearing preceding such measure.
In all, the court gave a consequential order converting the purported dismissal of the Claimant, to termination having found that his letter of dismissal referred to Clause 17 of the Employees’ Handbook.
His Lordship also ordered defendants to pay the sum of 214,000.00 as withheld salaries from and including the month of April, 2014 till July, 2014 when his employment with the Defendants was wrongfully terminated and the sum of N1,000,000.00 damages as compensation for the willful, unfair and wrongful termination of the Claimant’s employment with the Defendants within 30 days.
