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Hon. Justice Joyce Damachi of the Lagos Judicial Division has ordered Airtel Networks Limited to pay Mr Olakunle the sum of N99,426,880, equivalent to Mr Olakunle's (60 months aggregate salary) as special damages for the wrongful employment, N50,000,000 Fifty Million Naira Only for general and exemplary damages, the sum of N831,874.58 as total sum withheld between January to October 2023 within 30 days.
Justice Damachi held that Lagos State Special People’s Law imposes payment of 48 months' salary as a severance package if the disability permanently impedes the discharge of their duties, or Payment of 60 months’ salary if the disability was sustained in the course of employment.
Justice Damachi stated that the court is bound to uphold the supremacy of the Constitution and to frown at any action of an employer which has the effect of stigmatizing, marginalizing, or unfairly penalizing a citizen on account of disability, that by a breach of the Olakunle’s contract of employment, the Airtel Networks is in violation of the Lagos State Special People’s Law 2010, and has infringed Mr. Olakunle fundamental right to freedom from discrimination under Section 42 CFRN.
From facts, the Claimant- Mr Olakunle had submitted that he was employed by Airtel Networks in 2004, and in the course of his employment, he had a major health challenge and he was dependent on a wheelchair for mobility. He resumed work in 2008 and consistently got commendations and promotions.
Mr Olakunle admitted that he had a second health challenge in May 2022 and resumed in September 2022. On resumption, he underwent a wellness test conducted by the Airtel Networks, but he has yet to see the report to date. About 3 months later, the defendant came up with an Agreement and concluded that he had incurred “permanent disability and was served a termination letter on 26 October 2023.
In defence, the defendant- Airtel Networks Limited averred that the wellness result was to determine if Olakunle can continue to work after suffering a health challenge during the period he was working from home and the result was confidential medical records.
Airtel Networks averred that Olakunle did not resume back to the office from March 2022 after the defendant resumed physical office operation till October 2023 when the termination letter was issued.
The telecommunication firm argued that the Special People’s Law of Lagos State is inapplicable because Olakunle’s disability was not an “occupational hazard”, and admitted that although a Wellness Test was carried out on Mr. Olakunle and the medical certificate revealed that the state of health of Mr. Olakunle was weak and vulnerable, that Mr. Olakunle employment was terminated pursuant to the contravention of the company’s leave policy for being absent for an extended period beyond 90 Calander days.
Airtel Networks Limited maintained that Mr Olakunle's termination followed the Leave Policy and Handbook, which allows discretion in applying sanctions, and urged the Court to dismiss the case in its entirety.
In opposition, Mr Olakunle's counsel, Moshood Aliu Esq, argued that his client's absence was between May & Sept 2022 and since the Airtel Networks permitted him to continue in employment for 14 months until termination in Oct 2023, Airtel Networks are estopped from terminating Mr Olakunle based on the aforementioned absence.
Counsel submitted that Mr Olakunle is a “person living with a disability” within the meaning of Lagos State Special People’s Law 2010; his entitlement flows from the statutory benefits under the said Lagos State Special People’s Law 2010, NOT from the Airtel Networks unilateral Mutual Separation & Settlement Agreement.
Counsel argued that since Mr Olakunle's disability was acquired in 2007 while still in the Airtel Networks employment, Mr Olakunle's termination based on a withheld medical report is precisely the mischief, and that statutory rights cannot be contracted out.
In a well-considered judgment, the presiding Judge, Justice Joyce Damachi held that the wellness report was the key document to either justify the Mr. Olakunle absence or to indict him and the report for some reason was in the exclusive possession of the Airtel Networks, that the alleged breach of the leave policy, was not ordinary, it was contingent on illness and the wellness report was in the custody of the defendant his employer only.
Justice Damachi found that depriving Mr Olakunle of the knowledge of his health status, which initiated the separation process that led to his termination, was in violation of the Contract Agreement, and the separation proceeding initiated against Mr Olakunle was wrong ab initio.
The Court held that if absence beyond 90 days was a breach of the leave policy (therefore an offence/misconduct) that can lead to termination, then sanctions should apply to a breach, in which case it should have been preceded by a query.
The Court posited that Airtel Networks serially breached all the procedures outlined in the leave policy for fairness and substituted them with their own personal opinion of fairness, and the proceedings and all the actions that emanated from the wrong procedures in the separation proceeding were totally wrong.
“After all it is on record that the Defendant acknowledged through Exhibit D2 that the Claimant could effectively discharge his duties remotely without physical presence in the office. Rather than extend this reasonable accommodation, the Defendant opted for termination—an act contrary to both the letter and spirit of the Law.” The Court ruled.
The Court strongly stated that the Lagos State Special People’s Law expressly prohibits discrimination in employment on the basis of disability, that the Airtel Networks Limited action in terminating Mr Olakunle's employment on grounds linked to his health condition amounts to discrimination.
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