The Presiding Judge, Abuja Judicial division of the National Industrial Court, Hon. Justice Ayodele Obaseki-Osaghae has declared the employment termination of one Eyitayo Bello as wrongful; ordered Gojeho Consultancy Ltd to pay Mr. Eyitayo Bello the sum of N28,387.10 (Twenty Eight Thousand, Three Hundred and Eighty-Seven Naira, Ten Kobo) being his earned salary for the month of May 2017.
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The Court held that the unproven and unjustifiable reasons given by the firm will have a detrimental effect on Mr. Bello’s employment prospects, damage his career as an Accountant and stigmatize him, ordered the firm to pay him the sum of N480,000.00 (Four Hundred and Eighty Thousand Naira) being the equivalent of 12 months’ salary as damages for wrongful termination of employment and the sum of N360,000.00 (Three Hundred and Sixty Thousand Naira) as damages for Forced Labour, Costs of N300,000.00 costs of action within 14 days.
From facts, the claimant- Mr. Eyitayo Bello had submitted that Gojeho Consultancy rejected his resignation and demanded that he comply with the clause in the employment letter that required him to give two months’ notification and was compelled to resume back to his post in order to serve the mandatory two months’ notice from 1st May 2017 to 30th June 2017.
He continued that on 22nd May 2017 to his utter dismay and disappointment, the management terminated his appointment with immediate effect, and a payslip of N23,225.81 covering the period of 1st of May to 20th May, 2017 was attached to the letter and was yet to be paid.
In defense, the defendant- Gojeho Consultancy Ltd stated that Mr. Eyitayo Bello’s employment was rightfully terminated during his probationary period, as a result of misconduct, counter-claimed for the sum of N300,000 cost of action and the sum of N31,000 worth of the asset under the claimant custody.
In opposition, the counsel to Mr. Bello averred that the action of the firm terminating his client service midway into serving the two-month notice is unjustified, and the company asset has been submitted to the operational manager, urged the court to grant the reliefs sought.
After careful analysis of the submission of both parties, the presiding Judge, Hon. Justice Obaseki-Osaghae held that no mode for termination of the employment by either party during the probationary period in the contract of employment, and the position of the law is that a notice of resignation becomes effective and valid the moment it is received by the person or authority it is addressed to.
Justice Obaseki- Osaghae held that the action of the firm compelling Mr. Bello to resume for the purpose of working out the two months notice period after his resignation amounts to Forced Labour, a violation of the 1999 Constitution as amended, and the ILO Convention.
The court further stressed that Gojeho Consultancy Ltd could have made a demand for payment in lieu of notice provided in the exit provision but chose not to, and held that defendant’s action in compelling/forcing the claimant to work out the notice period is illegal and dismissed the counter-claim for lacking merit.
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