Media
- Home
- Details
The Presiding Judge, Benin Judicial Division of the National Industrial Court, Hon. Justice Adunola Adewemimo has declared the employment dismissal of Mr John from Ecobank Nigeria Limited as wrongful.
The Court held that Mr John's dismissal is not only in breach of the contract of employment but also principles of fair hearing enshrined in Section 36 of the CFRN 1999 (as amended.
Justice Adewemimo converted the letter of dismissal issued by Ecobank Nigeria Limited to Mr John to a letter of termination, and ordered Ecobank Nigeria Limited to pay Mr John the sum of N397,980.77k as salary in lieu of notice, the sum of N10 Million Naira as General damages, and the sum of N250,000.00 (Two Hundred and Fifty Thousand Naira cost of action within 30 days.
From facts, the claimant- Mr John had submitted that he faced a disciplinary committee with regards to the fraud he discovered while in office and the threat to his life, and that he was dismissed while in critical condition in the hospital, as a result of bullet wounds sustained by him on assassination attempt on his life.
Mr John averred that Ecobank did not deny that there was a contract of employment between the parties, and asked to be absolved from liability for the outstanding amount on the personal loan obtained by him and that it would be wrong to be required to pay the outstanding loan since his employment was wrongfully terminated.
Ecobank testified that Mr John reported the irregularly issued loans in a bid to cover up his tracks, and admitted that the Bank got a report about the assassination attempt on Mr John, and they subjected him to medical examination, whereupon they discovered that the injury allegedly sustained by him was fictitious.
Ecobank maintained that Mr John's dismissal was done in accordance with the rule of law, and urged the Court to dismiss the case in its entirety.
In opposition, Mr John's counsel, Uche Igbinedion Esq argued that no query was ever issued to his client for any misconduct, and Mr John’s subsequent dismissal was unjust and in breach of his right to fair hearing.
Counsel submitted that Ecobank Nigeria Limited defamed the character and integrity of his client by its false and unsubstantiated allegations, and noted that to date, Mr John has not been able to find another job, because no Bank will hire someone who was dismissed for the reasons contained in the dismissal letter, and urged the Court to grant the reliefs sought.
In a well-considered judgment, the Presiding Judge, Justice Adunola Adewemimo reiterated that the need to afford an employee an opportunity to defend himself/herself on an allegation that can determine his employment cannot be over-emphasized, as the same is rooted in the Constitutional provision of fair hearing.
The Court held that Ecobank Nigeria Limited failed to justify the reasons given for Mr John's dismissal by its failure to tender any report of the investigating committee to debunk the evidence that Mr John was invited not as a culprit, but as a witness.
Justice Adewemimo ruled that Mr John's contention that Ecobank Nigeria Limited is in clear breach of the principles of fair hearing, and the conditions stipulated in the Human Resource Policies were duly established.
However, the court held that Mr John's claim to be absolved from liability for the outstanding amount on the personal loan obtained by him, the same having been insured, and the premium of 1.5% having been deducted at the source, is bereft of merit and the same was refused.
“All sums awarded in this Judgment must be paid within 30 days, failing which it shall attract 10% interest per annum.” The Court ruled.
Visit the judgment portal for full details
