Illegal sack: Court slams UBA, odered to pay victim N27m
*UBA corporate headquarters, Lagos
(Nigeria) The National Industrial Court of Nigeria sitting in Asaba, Delta State, has declared the purported termination of employment of Richard Okagbare
by United Bank for Africa,
UBA, Plc, as unconstitutional, malicious and
unlawful.
Consequently, Justice J. Targema, trial judge in the matter, has ordered UBA Plc, to pay a total sum of ₦27,011,356.56 million,
to the unjustly sacked worker, Richard Okagbare, as general damages for his
unlawful dismissal as well as damages.
Justice Targema, ordered UBA Plc, to pay
the money within 30 days of the judgment.
The judgment was delivered on January 18,
2023.
The claimant, Richard Okagbare, through his
lawyer, N. W. Ogbogu, had dragged the UBA Plc before the court in a suit marked
NICN/ASB/47/2020, wherein he asked for the following reliefs: "a
declaration that the termination of his employment with the by Bank, via a
letter dated April 20, 2016, is a breach of bank's Group Staff Handbook and
Compensation Policy for loss of earnings;
is unconstitutional; is in breach of and did not comply with
International Best Practices as enjoined by the International Labour
Organization’s Termination of Employment Convention of 182 No. 158 and
Recommendation 166 (R 166 Termination of Employment Recommendation 1982 No.
166) of the ILO’s International Standard
Practice (especially but not limited to Article 4, 5, 6 and 7) and therefore
unlawful.
"An order for payment of total sum of
N133, 006, 862. 64 million, being his unpaid salary for the month of April
2016; loss of earnings from May 2016 to March 2025, when he would have retired
at 60 years pursuant to the defendant’s group Handbook); leave encashment for nine years;
and leave allowance for nine years."
Alternatively, the claimant asked the court
for an order for payment of total sum of N92,104,447,27 million, being his
unpaid salary for the month of April 2016, under the Compensation Policy of the
Defendant Bank and cost of instituting the suit.
An order for payment of 10 percent interest on the judgment sum from the date of
judgment until it is liquidated.
The claimant during the trial of the case,
the claimant told the court that he was a staff of the UBA Bank sometime in
2016 when his employment was unjustly terminated in very questionable and
unfair circumstances; and that he was paid the paltry sum of N441, 107.66
without any payment in lieu of notice and terminal benefits in accordance with
the defendant’s Group Staff Handbook and Compensation Policy for loss of
earnings.
He also told the court that all his plea
for the bank to withdraw the letter of termination and allow him to resign,
taking into consideration that according to the customs and usage of the
banking industry, where a Banker’s appointment is terminated or is dismissed
from employment, the possibility of finding further employment in the banking
industry is frustrated but the bank bluntly refused.
He also told the court that he was a
permanent employee on indefinite and pensionable retirement age of 60 years or
35 cumulative years of service whichever is earlier but his employment was
terminated in very questionable and unfair circumstances without following the
Group Staff Handbook Policy Document No. HRG:001 of June, 2010, the Human
Resources and Disciplinary Process and Sanctions Policy, International Standard
Practice outlined in the International Labour Organizations (ILO) Article 4 of
the Termination of Employment Convention of 19982 (No. 188) and Recommendation
166 (R 166 – Termination of Employment Recommendation) 19982 No. 166).
But UBA Plc, through one of its staff, Mr
James Ebako, who testified as Defendant Witness, while being led by Mr. G. C.
Igbokwe, SAN, told the court that the claimant was an employee of UBA Plc
until 2014/2016, when his appointment was terminated by the bank. And that
before the termination, the claimant held various positions in the course of
his employment with the bank and also had disciplinary records while in the
bank's employment.
UBA Plc's further told the court that the
various positions held by the claimant had its specific and peculiar task while
the failure to meet up the task led to disciplinary measures against the
claimant after each of the task was measured and monitored by the bank's
performance appraisal system. And that the performance appraisal system is
holistic and gives a clear indication of the performance of each staff; that
the outcome of the appraisal is communicated to the members of staff at the end
of each appraisal circle adopted.
He also stated that the claimant performed
poorly for five consecutive appraisal circles after which he was advised to
resign in April 2016, for his consistent poor performance in line with the
defendant’s Human Resource Disciplinary Process and Sanction Policy; that the
claimant failed and/or refused to tender his resignation as advised by the bank
within the advised period and was thereafter issued a letter of termination in
line with the defendant disciplinary process and sanctions policy.
He also informed the court that after the
termination of the claimant’s employment with the bank, he appealed to the bank
to now resign his employment outside of the advised period and the application
was considered and refused by the bank hence the claimant instituted this
action against the bank.
Justice Targema, after
listening to parties' counsel's arguments, and legally perused all the
processes and exhibits tendered, as well cited several plethora of legal authorities,
held that; "in all, the claimant’s case succeeds only on the terms already
indicated.
"Accordingly and for the avoidance of
doubt, I make the following declaration and order: "It is declared that
the termination of the claimant’s employment with the UBA by the Defendant Bank
via a letter dated April 26,
2016, is a breach of the Defendant’s Group Staff
Handbook, Terms and Conditions of claimant’s appointment. It is
unconstitutional, malicious and unlawful.
"It is hereby ordered that the
defendant Bank (UBA Plc) shall within 30 days of this judgment pay to the
claimant the sum of ₦27, 011, 356.56 only being general damages for unlawful
dismissal as well as damages for refusing to issue work reference to the
claimant.
"Judgment is entered accordingly. I
make no order as to cost."
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