Court Declares Dismissal Of Olalekan Salami From Diamond Bank As Wrongful, Awards Damages

The Presiding Judge, Lagos Judicial Division of the National Industrial Court, Hon. Justice Maureen Esowe has declared the purported dismissal of Mr. Olalekan Salami’s employment as wrongful and ordered Diamond Bank Plc to pay him the sum of N2,013,543.66 (Two Million, Thirteen Thousand, Five Hundred and Forty-three Naira, Sixty-six Kobo only) being two (2) months salary as damages, and N1,015,095.22 deduction from earned income.

Justice Esowe ordered the Diamond Bank to notify the Central Bank of Nigeria, the Nigeria Deposit Insurance Corporation and other regulatory agencies of the wrongful dismissal of Mr. Olalekan.

However, the court directed Mr. Olalekan to pay Diamond Bank the sum of N10,274,919.15 indebtedness outstanding.

From facts, the claimant- Mr. Olalekan Salami had averred that his dismissal from the service of the defendant violates his contract of employment and such dismissal carries with it a lot of stigma, urged the Court to remove his name from the list of dismissed bank employees and award post-judgment interest in his favour.

He further submitted that the alleged offence was a misrepresentation of information which did not occasion any financial loss to the Defendant or confer on him any personal gain.

In defense, Diamond Bank averred that the action of Mr. Olalekan’s misrepresentation of information violates the bank’s operational policies, urged the court to dismiss the reliefs sought and grants its counter-claim.

In a well-considered judgment, the presiding judge, Justice Maureen Esowe held that by the Bank’s disciplinary grid, Mr. Olalekan’s infraction was not such to warrant a dismissal but a warning or termination of appointment.

Justice Esowe reiterated that parties are bound by the terms of their contract, in cases where an employment is governed by agreement of parties and not by statute, removal of an employee must be in the form agreed to.

The Court declared and held that the purported dismissal of Mr. Olalekan’s employment by the Diamond Bank was in breach of the contract of employment, particularly the disciplinary grid.