Hon. Justice Rabi Gwandu of the Lagos Judicial Division of the National Industrial Court has declared the purported dismissal of one Lawal from the employment of United Bank for Africa as illegal, null and void and of no effect.
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The Court held that United Bank for Africa failed to show that Mr Lawal was afforded a fair hearing before his employment was dismissed, and also the Bank failed to show that it followed its own disciplinary guidelines in suspending and dismissing Mr Lawal from its employment.
Justice Gwandu ordered United Bank for Africa to calculate and pay Mr Lawal all the entitlements he would have been entitled to if his employment had been lawfully terminated, including the salaries from November 2014 to March 2015, and salaries from April 2015 until judgment at the applicable monthly rate, together with his gratuities and pension.
From facts, the Claimant, Mr Lawal, had submitted that United Bank for Africa failed to comply with its Group HR Disciplinary Process and Sanctions Policy regulating the employment relationship and wrongfully dismissed him without following the disciplinary procedure prescribed under the policy.
In defence, United Bank for Africa averred that it had received a complaint from a customer concerning the disappearance of money from his account, suspended Mr Lawal during its investigation, and subsequently dismissed him after concluding its investigation.
United Bank for Africa further averred that Mr Lawal was notified of the allegations against him, appeared before its disciplinary process, exercised his right of appeal and was therefore accorded a fair hearing before the dismissal, and consequently urged the Court to dismiss the suit.
In opposition, Mr Lawal’s counsel, Adewale Bolaji Esq, posited that an employer cannot dismiss an employee based on false, faulty, or unsubstantiated allegations, and that where the dismissal of an employee is based on an allegation of a crime, the allegation must first be proved before the dismissal can stand.
Counsel further argued that the Nigeria Police investigated the allegation and exonerated his client of any wrongdoing, yet United Bank for Africa ignored both the Police Report and the provisions of its own disciplinary policy by suspending and dismissing him, contrary to the laid-down procedure, and urged the court to grant the reliefs sought in the interest of justice.
In a well-considered judgment, Hon. Justice Rabi Gwandu held that United Bank for Africa failed to show that Mr Lawal was afforded a fair hearing before his employment was dismissed and equally failed to establish that it complied with its own disciplinary procedures governing suspension and dismissal.
The Court stated that where an employee is dismissed based on an allegation of crime, the allegation must first be proved, and the employee must be given ample opportunity to be heard, and the employer must establish sufficient reasons justifying the dismissal in accordance with the contract of employment and the rules of natural justice.
Justice Gwandu held that United Bank for Africa failed to prove that Mr Lawal’s dismissal was carried out in accordance with the terms of his employment, noting that the Bank also ignored the Police Investigation Report which exonerated him and pointed to another person in relation to the allegation.
The Court further held that United Bank for Africa failed to justify the dismissal of Mr Lawal in accordance with the terms of his employment, having failed to establish that the disciplinary process complied with its own Human Resources Policy and the requirements of a fair hearing before dismissing Mr Lawal.
“It is the rule of equity and justice that where a person has been investigated and cleared of an allegation of such magnitude, his name should be cleansed of the stain that accompanies such an allegation, the Defendant rather insisted on dismissing the Claimant simply because his name was mentioned in a complaint, one which by Counsels admission was supposedly abandoned/shunned by the Complainant without due diligence.” Justice Gwandu
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