Industrial Court Faults Dismissal of Coca-Cola Staff, Awards 1-year Salary as Damages
Hon. Justice Anthony Ubaka of the Lagos Judicial Division of the National Industrial Court has nullified the purported dismissal of one Joseph from the service of Coca-Cola Hellenic Bottling on the 18th and 26th January 2021 for being wrongful and illegal as it was carried out in breach of Joseph’s right to a fair hearing and contravention of the contract of employment between the parties.
The Court ordered Coca-Cola Hellenic Bottling and 2 others to pay Joseph all his entitlements, with (1) year salary as damages for illegal employment termination within 30 days.
The Court held that the action of Coca-Cola Hellenic Bottling and 2 others barring Joseph from bringing witness shows that the firms had their minds made up as the purpose of a disciplinary hearing which is not to punish an employee but to give him enough room to prove that he is not guilty.
Justice Ubaka declared that Joseph is entitled to emoluments contained in the contract of employment dated 11th day of July 2018 till the day of his summary dismissal 18th of January 2021.
From facts, the claimant- Mr. Joseph had submitted that he carried out his duties with diligence without any query or blemish and his performance was highlighted as excellent before he was purportedly dismissed summarily on the 18th day of January 2021.
Mr Joseph maintained that his purported summary hearing session was orchestrated to actualize a preconceived intention of the firm to summarily dismiss him without just cause and urged the Court to grant the reliefs sought.
In defence, the defendants- Coca-Cola Hellenic Bottling and 2 others averred that the firm exercised its undoubted right to dismiss Mr Joseph from its service on grounds of gross alleged misconduct.
The Coca-Cola Hellenic Bottling and 2 others maintained that Mr. Joseph was accorded a fair hearing in the circumstance and that Joseph’s assertion that he was denied a fair hearing by not having an opportunity to call a witness at the summary hearing is simply an afterthought and urged the court to dismiss the case in its entirety.
In opposition, the learned counsel to the claimant, Toyin Pinheiro (SAN) with Emmanuel Bwala and D.Y Omosanya maintained the basic tenants of a fair hearing were not observed in the process leading to the summary dismissal of their client, and urged the Court to grant the reliefs sought in the interest of justice.
In a well-considered judgment, the Presiding Judge, Justice Ubaka restated that where there is an allegation of misconduct against an employee, the employer has a duty to show that the dismissal was lawful.
The Court stated that Coca-Cola Hellenic Bottling and 2 others do not seem to understand fully that the principle of fair hearing is to hear the other side by issuing him a query and allowing him to answer, and described the action of Coca-Cola Hellenic Bottling and 2 others on Mr Joseph as akin to producing a result before writing an examination.
Justice Ubaka held that there is no way the dismissal of Mr. Joseph can be lawful without recourse to the principle that a query has to be issued and a response before reaching a just conclusion.
