Hon. Justice Zaynab Bashir of the Portharcourt Judicial Division of the National Industrial Court has declared the employment termination of Mr Patrick from the service of United Bank for Africa via a letter of termination dated the 22nd of January, 2014 as wrongful.
The Court declared that the termination of Mr Patrick’s employment with the United Bank for Africa was in breach of the contract of employment between the parties.
Justice Zaynab ordered the United Bank for Africa to pay Mr Patrick the sum of N8,250,000.00 (Eight million, Two Hundred and Fifty Thousand Naira) only, being the amount of bonus for the two times Mr Patrick emerged as a role model in the Bank’s appraisal reports and the sum of N2,250,000.00 only for the one time Mr Patrick emerged outstanding in the Bank’s appraisal reports with the sum of N2,000,000.00 (two million naira) general damages for wrongful employment termination within 30 days.
From facts, the claimant- Mr Patrick had submitted that he was employed by the United Bank for Africa as a Senior Banking Officer on August 7, 2008, and his employment with the bank expressly provided for extra payments called performance-induced pay for staff based on performance appraisal but was not paid prior to and after the termination of his employment on the 22nd of January, 2014.
Mr Patrick averred further that the United Bank for Africa also failed to pay him half salary for November and December 2013 and his full salary for January 2014.
In defence, the Defendant- United Bank for Africa maintained that Mr Patrick’s services were no longer required, and it was terminated with his terminal benefits duly paid.
Counsel also argued that Mr Patrick failed to establish or prove that the non-release of the Disciplinary Committee’s report subjected him to inhuman treatment, untold discomfort, emotional and psychological trauma or unlawful interference with his client’s employment, and urged the court to dismiss the suit with substantial cost.
In opposition, Mr. Patrick’s Counsel, B.C. Ugwu with S.E Nworie posited that the employment termination of their client on the ground of “service no longer required” is not one of the circumstances or offences listed in the UBA’s Disciplinary Process and Sanctions Policy.
Counsel contended that the said termination also flagrantly violated the length of notice stipulated in the letter of employment which requires the Bank to give Mr Patrick one-month notice of termination or one-month salary in lieu of notice.
In a well-considered judgment, the Presiding Judge, Justice Zaynab Bashir held that the failure of the United Bank for Africa to pay the said sum contemporaneously with the termination makes it wrongful because the position of the law is that salary in lieu of notice must be paid at the time of the termination.
The court declared the failure of the United Bank for Africa to give notice of termination to Mr Patrick and failure to pay Mr Patrick’s salary in lieu of notice at the time of termination as wrongful.
On Mr Patrick’s N75m damages claim, Justice Zaynab stated that Mr Patrick failed to establish how the refusal to furnish him with the report of the disciplinary committee of the bank subjected him to inhumane treatment and amounts to unlawful interference with the claimant’s employment.