Industrial Court Dismisses Alleged Unlawful Termination Claim Against NNPC
Hon. Justice Zaynab Bashir of the Portharcourt Judicial Division of the National Industrial Court has dismissed the case filed by Mr Keinma against Nigeria National Petroleum Corporation Limited challenging his employment termination in its entirety for lacking merit.
The Court held that by the express provision of the Nigeria National Petroleum Corporation’s condition of service, both parties reserved the reciprocal right to terminate the employment relationship and the NNPC exercised the same pursuant to its condition of service.
Justice Zaynab ruled that the termination of Mr. Keinma’s employment is not illegal nor unconstitutional.
From facts, the claimant- Mr. Keinma had submitted that employment with statutory flavour cannot be terminated without strict adherence to the provisions of the statute that regulate the employment. He added that by the Community reading of the Condition of Service, he is entitled to 3 months of notice or salary in lieu of notice since he does not fall within the category of Junior/Senior Staff but a management staff.
In defence, the defendant- NNPC maintained that the termination of Mr Keinma’s employment indicated that Mr Keinma’s services were no longer required, hence the purported issue of noncompliance with the Corporation disciplinary procedure does not arise.
The NNPC added that Mr Keinma’s terminal benefits and gratuity, as well as salary in lieu of notice were paid. Furthermore, he was placed on the pension payroll, therefore, Mr Keinma is not entitled to any damages.
In opposition, the Counsel to Mr. Keinma argued that the termination of the employment of Mr. Keinma was wrongful because the Defendant did not comply strictly with the provisions of the Conditions of Service.
Counsel also argued that the NNPC has not pleaded or proved any fact to show that Mr. Keinma’s services are no longer required by the Corporation hence there is no justification for the termination of his client employment. Counsel urged the court to grant the reliefs sought.
Delivering judgment after careful evaluation of the submission of both parties, the Presiding Judge, Justice Zaynab Bashir held that by virtue of the NNPC’s Corporate Policy and Procedure Guide, the salary scale of Mr. Keinma falls under “Supervisory Staff” and not “Management Staff”.
The Court held that the provision of the NNPC condition of service bears two distinct classes of termination. The first is for disciplinary reasons while the other is exercised as of right and affirmed that the termination of Mr Keinma’s employment was not based on disciplinary action as alleged.
Justice Zaynab stated that in the absence of the express inclusion of a Supervisory Staff of the NNPC company within the categorization of management staff, any decision by the court that qualifies Mr Keinma as a management staff requiring three months’ notice would amount to a modification of the conditions of service.
The Court ruled that Mr. Keinma was unsuccessful in establishing how the terms of his employment were breached and therefore failed to prove that the termination of his employment is wrongful.
