The National Industrial Court, Uyo Judicial Division, has declared the termination of the employment of Mr Ifiok by the Port Harcourt Electricity Distribution Company unlawful and wrongful.

The court ordered PHED to pay the claimant ₦1.1 million in general damages, representing his basic salary for three years, within 30 days.

Delivering judgment, Justice Salisu Hamisu Danjidda held that the electricity distribution company failed to establish that it complied with the disciplinary procedures contained in its conditions of service before terminating the claimant’s employment.

Ifiok told the court that PHED employed him in 2013 and confirmed his appointment in 2015. He said he worked for the company for approximately nine years and consistently obtained performance-appraisal scores of at least 80 per cent.

The claimant said the company terminated his employment on the grounds of persistent underperformance and failure to meet assigned targets, despite his record and the fact that he had not breached the terms of his employment.

He argued that he was not afforded a fair hearing before the decision was taken, contrary to the disciplinary procedure stipulated in PHED’s conditions of service.

PHED, however, maintained that the termination was based on Ifiok’s persistent underperformance and inability to meet established targets.

The company told the court that the claimant’s performance had been evaluated and that he was issued queries concerning the alleged underperformance.

PHED further argued that it had paid Ifiok his full terminal benefits and that the court could not order his reinstatement. It also contended that the claimant failed to establish his monetary claims.

Counsel to the claimant, Ekusua Ekong, countered that PHED did not prove its allegation of persistent underperformance or demonstrate that Ifiok was afforded a fair hearing before his employment was terminated.

In his judgment, Justice Danjidda held that the employment relationship between the parties was governed by the contract of employment and PHED’s conditions of service.

The judge said both parties were bound by the terms of their agreement, which the court had no power to rewrite.

The court found that PHED did not follow the procedure stipulated in its conditions of service for addressing an employee’s alleged underperformance.

Justice Danjidda said the procedure required the company to investigate the alleged underperformance, issue appropriate warnings, introduce a performance-improvement programme and give the affected employee an opportunity to be heard before taking disciplinary action.

The court found no evidence that PHED investigated whether Ifiok’s alleged underperformance resulted from incapacity or his attitude towards work.

It also found no evidence of warnings, performance-improvement programmes or disciplinary proceedings conducted in accordance with the company’s conditions of service.

Justice Danjidda consequently held that PHED’s decision to terminate the claimant’s employment for alleged underperformance without giving him an opportunity to defend himself was unjustified and wrongful.

The court accordingly awarded Ifiok ₦1.1 million in general damages, representing three years of his basic salary, and directed PHED to pay the judgment sum within 30 days.

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