Hon. Justice O. Y. Anuwe of the Abuja Judicial Division of the National Industrial Court has dismissed the suit filed by one Mr Ochig against a private firm, challenging the termination of his employment and seeking damages and other reliefs.
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The Court held that Ochig failed to plead and prove the terms and conditions of his employment or how the termination of his appointment breached any contractual provision, a failure which was fatal to his claim.
Justice Anuwe ruled that the Plus Management lawfully exercised its right as an employer to terminate the employment of Ochig on the ground that his services were no longer required, and that the termination was not shown to be disciplinary in nature.
From facts, the claimant, Ochi, had submitted that he was employed as a security officer by the Peoples Plus Management in November 2007 and was later seconded to the Bank. Ochi contended that he was never queried or allowed to defend himself in relation to the allegation that led to his employment termination and argued that his termination was therefore unlawful.
Ochig also claimed unpaid salaries from August 2015, terminal benefits, damages, and alleged defamation arising from reports purportedly made about him to his church and a subsequent employer.
In defence, Peoples Plus Management maintained that the employment of Ochig was validly terminated, that his terminal benefits were duly computed and paid via a bank draft, and that it neither authored nor issued any defamatory reference tothe subsequent employer.
Delivering judgment, Hon. Justice Olufunke Anuwe held that an employee who seeks to challenge the termination of his employment must place before the Court the applicable conditions of service and show precisely how those conditions were breached, which Mr Ochig failed to do.
The Court further reasoned that the termination letter clearly stated that the services of Ochig were no longer required and did not link the termination to the alleged misconduct.
On the claim for unpaid salaries, the Court held that a terminated employee is not entitled to salaries or allowances for periods after the termination of employment, having found that Ochi failed to establish any basis for setting aside the termination.
Justice Anuwe also held that Mr Ochig’s alternative claim for terminal benefits failed, as evidence showed that the Peoples Plus Management issued him a bank draft for his terminal entitlements in December 2015, thereby discharging its obligation, and that the alleged seizure of the bank draft by a third party could not be attributed to the defendant.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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