FRESH: Court Voids BATN’s Unjust Sack Of Employee—-The Lagos division of the National Industrial Court, has nullified and voided the illegal sack of Mr Sufyan Yesufu, by his employer, British American Tobacco Nigeria Limited.
Yusuf who worked as BATN’s Management Trainee (Finance), was unlawfully sacked on February 2, 2011, without due process.
Aggrieved with the BATN’s action, Yesufu through his lawyer, approached the court in a suit marked NICN/LA/362/2013, wherein he asked for the followings; “a declaration that the summary dismissal of the Claimant before the date of agreed 6 weekly review in the course of the structured management development programme was wrongful.
“Declaration that the summary dismissal of the Claimant after the meetings of 4th January, 2011 and 7th January, 2011 by the said Augustine Okoji and Kingsley Onyeoziri was against the disciplinary roles as stated in the Claimant terms and conditions of employment and unfair labour practice.
“The sum of N300, 211.083 (Three Hundred Thousand, Two Hundred and Eleven Naira, Eighty-three Kobo) being the Claimant’s February 2011 salary.
“Interest rate of 37.5% of annual gross salary which represents potential payout at Max Performance on successful completion of the first Phase of the Structured Management Development Programme.
“Interest in the sum of N300, 211. 83 at the rate of 7.5% of basic salary for the month February 2011 till final judgment. And cost of instituting the suit.
Defending the suit, BATN through it’s lawyer, H. A. Apeno, also filed a preliminary objection to the suit and urged the court to dismiss the Claimant’s reliefs.
In deciding the suit on December 12, 2024, Justice Maureen Nkechinyereugo Esowe, after legally weighed all the submissions of the parties, the exhibits tendered and plethoras of authorites cited held that the termination of claimant’s appointment by the British American Tobacco Nigeria Limited was invalid, null and void, unfair labour practice.
Justice Esowe further held that: “…. in the light of these authorities, the Court assesses and sets cost at the sum of N400, 000. 00 (Four Hundred Thousand Naira) in favour of the Claimant. I so find and I so hold.
“All in all, the issue for determination is resolved partly in favour of the claimant, such that save the reliefs outlined below all other reliefs of the Claimant fail and are hereby dismissed.
“Therefore, the orders of the Court are as follows: “it is declared that the summary dismissal of the Claimant after the meetings of 4th January, 2011 and 7th January, 2011 by the said Augustine Okoji and Kingsley Onyeoziri was against the disciplinary roles as stated in the Claimant terms and conditions of employment and unfair labour practice.
“The defendant is directed to pay the claimant the sum of N300, 211. 08 (Three Hundred Thousand, Two Hundred and Eleven Naira, Eight Kobo) being the claimant’s February 2011 salary.
“The defendant is directed to pay the sum of N400,000.00 (Four Hundred Thousand Naira) in favour of the Claimant assessed as cost of this action.”
