Emmanuel Thomas, Lagos
Lagos, Nigeria, February 23, 2016 – The National Industrial Court of Nigeria(NICN) sitting in Lagos today ordered Access Bank Nigeria Plc to pay her former employee, Abayomi Adesumbo Adetoro the sum of N2,843, 100 within 10 working days.
The plaintiff had approached the NICN in 2013 and filed a suit (NICN/LA/293/2013) and one ED Onyeke for enforcement of his right when the bank deducted the money from his entitlement for incurring Automatic Teller Machine (ATM) loses to the tune of N5, 686, 200 with two other persons.
The plaintiff had resigned his appointment on 26/07/2011, but the bank rejected his resignation based on pending resolution of the ATM palaver insisting that he remains an employee but logged him off the system and failed to pay his salary during the period. He wrote another letter dated same date but to take effect, 12/08/2011.
Delivering his judgment, His Lordship, Justice Benedict Kanyip (PhD) ruled that that plaintiff succeeded partially in the suit.
According to the learned judge, who quoted several cases to buttress his judgment, noted that the plaintiff failed on one hand by failing to give the mandatory three months notice contained in the bank’s workers’ handbook and in his contract or made payment in lieu of notice, stressing that the deduction of N250,000 for sum covering the three months was lawful since his resignation was immediate.
According to the judge, the employee has the right to resign adding that that the resignation stands without once it is received by the employer and that the employer has no right to reject any such resignation quoting several decided cases in support of his judgment.
He however ruled that the propriety of acceptance however lies with the employer in case of retirement adding that in this case, it is lawful for an employer to reject employee request for retirement.
He ruled that the plaintiff however succeeded in his plea that the sum deducted for ATM loses surcharge was unlawful, stressing that the plaintiff was not invited to defend himself over the infraction adding that the money deducted from his salary for the crime was over and above sum deducted from the two other stakeholders.
He then ordered the bank to pay him the sum of N2, 843, 100 because the deduction was illegal and a miscarriage of justice based on the fact that there was no evidence to show the yardstick for the deduction, neither was the plaintiff indicted by any committee.
He ordered that the deduction made from his terminal benefit totaling N2, 843,100 be returned to him within 30 working days stressing that failure by the bank to pay within the stipulated period will attract an interest of 10 thereafter.
