Emmanuel Thomas, Lagos
Nigeria, April 12, 2016 – The National Industrial Court of Nigeria (NICN) sitting in Lagos today ordered Fidelity Bank of Nigeria Plc to pay its former employee, Mr. Presley Alegbe the total sum of N8,308,000.00 as damages for wrongful dismissal and others.
Presley had filed a suit against Fidelity Bank Plc , seeking an order of the court declaring his dismissal as a Deputy Manager in the Eleguishi branch of the bank in Lekki axis as wrongful, and compensation in form of damages.
Relying on relevant sections of the law, the Law of Evidence, Master /Servant Law and decided cases, her Lordship, Justice O. O. Oyewumi ruled that the claimant was able to show the court that he was an employee of the bank by tendering relevant letter of appointment and the organization’s handbook where it was clearly stated that either party can terminate contract by giving one month notice or salary in lieu of notice.
Her Lordship ruled that the bank acted in breach of the contract by dismissing the complainant without any benefit of fair hearing and consequently ordered the bank to pay him one month salary in lieu of notice in the sum of N593,000, N7,615,000 as damages and N100, 000 as cost of litigation.
The learned judge ordered the bank to pay the cumulative sum of N8, 308,000.00 within 30 days or attract 21 percent interest rate until the money is liquidated.
She also ruled that there was no evidence before the court to show that the complainant received an unearned upfront payment as alleged by the defendant between 2007 and 2009 and that what the plaintiff received was nothing but housing allowance six months after confirmation of his appointment and therefore set aside argument put forward by the defendant.
In a related development, Justice Oyewumi also ruled in favour of Adewale Fayinka in the case of Adewale Fayinka Vs Executive Asset.
The complainant had approached the court seeking an order to compel his former employer to pay his five months salary arrears from July to November, 2013 totally N4.3 million.
The plaintiff was employed in 2013 as General Manager of Executive Asset with a monthly salary of N700,000 per month. The offer came on paper with a car, a laptop with 24 hours internet facility and N20, 000 monthly as communication allowance.
He had told the court that he resigned when the company failed to provide him required tools for the job and defaulted in paying him his full emolument, after giving the organization required notice with handover notes.
Executive Asset on her part told the court that Fayinka failed to meet his target but continued to allow him to hang on to the job until he threw in the towel. Ruling on the matter, Her lordship, citing several decided cases, noted that upon employment, the employer owe it a duty to provide required tool to perform and that if the employer had provided the tool and yet the employee failed to perform, dismissal for non-performance would not be out of place.
She awarded N3,860,000 as his salary arrears, N200,000 as damages and N100,000 as cost of litigation. Her lordship ruled that the defendant must pay within 30 days or attract interest rate of 21 percent until the judgment sum is liquidated.
She ruled that counterclaim put forward by the defendant in the sum N4.2 million for loan of N26.4 million obtained by stakeholders to finance the business failed since there was no evidence that the money was obtained for the sake of Adewale Fayinka.
