Media
- Home
- Details
- forcing an employee to resign is a gross misuse of power.
Hon. Justice Rabiu Gwandu of the National Industrial Court, Lagos Judicial Division has set aside the purported letter of an Assistant General Manager, Mr. Sonny Ekedayen's employment termination from Bank of Industry for being in violation of Article 4 of the International Labour Organization Convention and the Order of Court that parties should maintain status quo.
The Court ordered Mr. Sonny Ekedayen to be reinstated forthwith with payment of salaries and allowances from November 2015, the date of the purported termination till date.
Justice Gwandu held that forcing an employee to resign is a gross misuse of power and position, a vagrant display of superiority and an infringement on Mr. Sonny Ekedayen’s rights as guaranteed under the Constitution of the Federal Republic of Nigeria 1999.
The Court restrain the Bank of Industry Managing Director from attempting to force Mr. Sonny to resign his employment with the Bank of Industry and must not be seen that the Claimant is victimized as a result of the Lawsuit, that any action to that effect will be treated as contempt of the Court's Order and dealt with accordingly.
From facts, the Claimant- Mr. Sonny Ekedayen had submitted that without just cause or lawful authority to do so, the MD ordered him to resign his employment or proceed on voluntary early retirement on the basis that he (the MD) could no longer work with him and his employment was terminated during the pendency of the suit.
In defense, the Bank of Industry and the Managing Director (MD) raised a preliminary objection that the Court lacks the jurisdiction to entertain the suit as the subject matter falls under a contract of employment in the Lagos State of Nigeria (not alleged to have anything to do with the Federation or government of the Federation) and the right to determine Mr. Sonny’s contract may be exercised at any time whether by the giving of notice or not.
They contended that a court of law cannot compel the BOI to keep Mr. Sonny in its employment and there is nothing before the Court to justify a finding that the MD was not duly authorized to exercise the powers or discharge the duties carried out in respect of the claimant dismissal on 20th November 2015.
In reply, the learned counsel to the claimant, Abimbola Akeredolu SAN averred that the agency served his client the Termination Letter at a time when proceedings in the suit were already pending, and the court had ordered the parties to maintain the status quo, that the agency acted in disobedience of the clear orders of the Court and cannot be allowed to benefit from their wrong.
In opposition, the agency maintained that in line with the Court of Appeal’s decision that since there was no order of interim injunction granted by the Court, there could not have been any status quo order in force, urged the court to dismiss the case in its entirety.
In its well-considered judgment, the presiding Judge, Justice Rabiu Gwandu dismissed the objection of the defendant for lacking substance and affirmed the unfettered jurisdiction of the Court to handle any matter relating to employment to the exclusion of any Court in Nigeria.
Justice Gwandu held that despite the lawsuit and the order of the Court maintaining the status quo, the agency issued Mr. Sonny a letter of termination, where even the Court of Appeal upheld the trial Courts order for parties to maintain the status quo, this means that at all material times, Mr. Sonny’s employment was never determined, even if same was determined.
The Court reiterated that the regime that an Employer can hire and fire at will with or without reasons is long gone, the National Industrial Court in applying international best practices has jettisoned the provision that the Employer has all the leeway to do as he pleases when it comes to determination of the Employees contract.
“It is pertinent to ask on what authority the 1st Defendant sought to compel or force the Claimant to resign, the Bank of Industry Manual-exhibit SE9 does not give him this prerogative, to make an Order of this nature is against the very dictates of human rights and natural justice.”
