Industrial Court Converts Employment Dismissal to Termination, Faults Oyo Transportation Company
The Presiding Judge, Ibadan Judicial Division of the National Industrial Court, Hon. Justice Dele Peters has declared the purported employment termination of Mr. Adesina from the service of Oyo State Pacesetter Transportation Company Limited as unlawful and converted same to termination effective from 18 March 2020.
The Court ordered the Oyo State Pacesetter Transportation Company Limited to pay Mr. Adesina, three months’ salary in lieu of notice of the termination of his employment in the sum of Three Hundred and Twenty-Two Thousand, Nine Hundred and Sixty-One Thousand Naira (N=325,961.07) and the sum of Fifty Thousand Naira as cost of action within 30 days
From facts, the claimant- Mr. Adeduntan Adesina had submitted that the termination of his employment by the Oyo State Pacesetter Transportation Company Limited was done in contravention and non-compliance with the extant revised conditions of service on a trumped-up allegation of misconduct is wrongful and unlawful and the denial of his legal representation at the Panel of Enquiry is subjugation of his fundamental right to fair hearing as enshrined and guaranteed under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
In defence, the Defendant- Oyo State Pacesetter Transportation Company Limited maintained it complied with the revised conditions of service in dismissing Mr. Adesina from service.
The learned counsel to Oyo State Pacesetter Transportation Company Limited asserted that Mr. Adesina should approach his Pension Manager for his entitlement; that there is no evidence to support the claim for damages, and urged the Court to dismiss the case in its entirety.
In opposition, learned Counsel to Mr. Adesina submitted that his client remains the extant Finance Manager until his employment is determined in accordance with the revised conditions of service of the company, and having worked for the Transportation Company for more than 15 years prior to the wrongful termination of his employment is qualified for all retirement benefits.
Learned Counsel urged the Court to grant all the claims for salaries and other entitlements as they are in the nature of special damages.
Delivering judgment after careful evaluation of the submissions of both parties, the presiding Judge, Justice Dele Peters stated that dismissal is the highest punishment in employment matters, and it is not only customary but rather mandatory for the reason for dismissal to be well stated in the instrument conveying the punishment.
The Court held that the contents of the dismissal letter issued to Mr. Adesina contain no reason as to the dismissal that the Court will not embark on a voyage or expedition to seek same out.
Justice Dele Peters stated that the dismissal letter issued to Mr. Adesina was merely to terminate his employment rather than dismiss him from service.
On the assertion of lack of fair hearing, the Court held that Mr. Adesina’s assertion is not supported by the evidence and he did not inform the Court as to the witnesses of the Oyo State Pacesetter Transportation Company he was not allowed to cross-examine or confront and there is no evidence adduced by Mr. Adesin to the effect that the Transportation Company called any witnesses.
