Kano --- The Presiding Judge, Kano Judicial Division of the National Industrial Court, His Lordship, Hon. Justice E. D. Isele has dismissed the suit filed by David Osahun against United Bank for Africa on dismissal for lacking merit.

The Court held that David failed to prove that the Bank breached any of the terms and conditions of the contract, ordered parties to bear their respective cost.

The claimant- David averred that on 3rd June 2016 he received a query which he responded vide an email dated the same day, and further that on 6th June 2016, he was placed on suspension for months and thereafter served with a letter of dismissal dated 4th October 2016 for “Gross misconduct”.  

The claimant averred that upon receipt of the letter of dismissal, he caused his attorneys to implore the defendants demanding that the dismissal should be rescinded as it was wrongful and done in breach of the law and the contract governing their relationship that the defendant response showed clearly and reiterated that the claimant was not dismissed for fraud.

However, the defendant maintained that the claimant was subsequently invited to a disciplinary committee the purpose of which was to afford the claimant fair hearing. and was discovered that the claimant had circumvented the bank laid down operational policies and procedures that owing to the claimants unsatisfactory representation at the disciplinary hearing, the panel concluded that the claimant was liable to be dismissed urged the court to dismiss the action with substantial cost.

The defendant further averred that by its policy, a staff placed under suspension shall be entitled to only 50% of monthly salary subject to the maximum of three months and that in the event the suspension extends beyond 3 months; such staff shall be placed on zero pay.  

Delivering judgment, the trial Judge, Justice Isele held that claimant failed to prove that the Defendant breached any of the terms and conditions of the contract.

“This I hold was undoubted to demonstrate that the Defendant had acted in accordance with the rules governing the relationship between the parties. Any charge that the Defendant had to prove the reasons given for dismissing the claimant was taken care of in this piece of cross-examination and I so hold." Justice Isele