The Enugu division of the National Industrial Court (NICN) has awarded cost against Access Bank Plc (formerly Diamond Bank) for sacking one its employees, Ifeatu Anthony Emodi, over unproven sexual harassment allegation.
Consequently, the presiding judge, Justice Oluwakayode Ojo Arowosegbe, has declared the action taken by Access Bank Plc by terminating Ifeatu Anthony Emodi’s employment, as wrongful, null and void and of no effect.
Access Bank had sometimes in March 2014, unjustly and unlawfully terminated the appointment of the claimant on alleged sexual harassment of a female colleague. The allegation, which the court held that the claimant was not given adequate opportunity and time to defend himself.
Following the said unlawful acts of Access Bank Plc, the aggrieved banker, Ifeatu dragged the bank, formerly Diamond Bank, before the court in a suit marked NICN/EN/11/2018, through his lawyers, O. C. Abalu and F. N. Ezeofor, challenging his unjust sack over alleged sexual assault.
Ifeatu in his statement of claims asked the court for the followings: “An order of the Court declaring the Termination of his employment as wrongful, null and void and of no effect.
“An order of court directing the Defendant to allow the claimant to formally resign from his employment with the defendant with all entitlements thereto and in accordance with Banking Practices.
“An order of court that the defendant pays the claimant his unpaid salary and entitlement as follows: Salary and economic subsidy in the sum of N13, 015, 727. 76; Quarterly payment in the sum of N963,870.84; Yearly Profit sharing of N3, 656, 324. 56; Yearly housing allowance in the sum of N5, 872, 344.45; quarterly reimbursement/subsidy allowance N23, 318, 752.8; 13th Months in the sum of N472, 063.57; Annual leave allowance in the sum of N1, 244, 301. 08 and N10 million, being damages for embarrassment, health hazard exposures and inconveniences caused by the unlawful determination of the Claimant’s services.”
Ifeatu in his pleading before the court states as follows: “that he was originally employed by Diamond Bank subsequently taken over by the defendant in 2006 and that, on March 19, 2014 he received an email, ostensibly for another function, but by which he was suddenly made to appear in a panel for sexual harassment of a female colleague. And that he was not given notice and time to prepare his defence, while the alleged victim was not present to give evidence and that; this was against the Bank’s Disciplinary Policy (Staff Handbook), which was not issued to staff. And that the panel was not properly constituted, as his regional manager was not a member and, there was no post-disciplinary proceedings meeting with him. He pleaded that on the same March 21, 2014, he was suspended indefinitely without pay, pending investigation, contrary to the one month in the Staff Handbook. He pleaded that, he was directed to check his mailbox when he came to inquire about his fate and found that he was dismissed April 22, 2014.”
However Access Bank Plc through it’s lawyer, I. M. Ugwu, filed a statement of defence and urged the court to dismiss the suit.
In defending the case Access Bank through one of it’s Compliance Officers, Kingsley Azubuike, who testified as Defendant Witness 1 (DW1), who admitted that the claimant was invited for a meeting. Adding that the meeting and the disciplinary panels were two different events on different dates to which the claimant was invited.
He also admitted he was not in Lagos at the date. To the question that, there was no separate meeting for the two events related in paras 5 & 6 of the WSO as the claimant was only made to appear before the panel, the DW1 said, the Bank retained the right to invite its employees for a meeting and engagements as long as the notice was served on them.
Access Bank witness also told the court that the claimant and the petitioner were not made to face each other because, the panel felt it would be a mismatch to engage a management staff and a mere trainee together.
Deciding the case, on August 12, 2024, Justice Arowosegbe, held as follows: “…..In all, I find that the claimant proved wrongful discharge. The next thing is to examine which relief the claimant is entitled to because, granting of reliefs is the logical nexus to proving a case. And in doing this, because of the NIC’s specialised nature, which also reflects on the type of reliefs and orders it could make, I rely on S. 14&19(d) of the NICA and the NIC’s inherent powers under S. 6 of the Constitution in the consideration of the reliefs. The necessary order a court makes once it arrives at breach of the fundamental right to natural justice and fair trial is setting aside the trial and all that emanated from it. I accordingly set aside the purported trial of the claimant that took place Mar 21, 2014 and accordingly declare the discharge wrongful. I therefore grant relief (1) in full. I grant relief 2 to the extent that that the claimant is deemed to have voluntarily resigned at the date of he discharge letter and; the discharge letter is hereby converted to letter of acceptance of voluntary resignation.
“I therefore accordingly order that all the terminal entitlements due for serving 7 years 9 months (Jul 20, 2006–Apr 22, 2014), which the claimant served, be calculated and paid to the claimant accordingly. A letter of acceptance of his resignation backdated accordingly must be issued to him within one full month of this decision. I cannot grant relief 3 in full because, it is nebulous as to how the claimant arrived at the figures without tendering and pointing to the authority for these in the Staff Handbook or any other instrument like promotion letter containing these. Para 27 of the ASF shows clearly that the claimant is claiming till date, in a way, saying that he is still in the defendant’s employment, a fact, which the manner of my grant of relief 2 has nullified. The claimant is only entitled to his earned salary and allowances which were due, if any, as at Apr 22, 2014 when he was deemed to have voluntarily resigned and these must be calculated, if any, apart from his terminal benefits, which I have ordered to be paid earlier, and paid to him. Relief 3 is granted to that extent only.
“…….I also grant two years salaries [24 months] as damages in the instant case for the wrongful termination, travesty of justice and the stress and psychological torture which the claimant was subjected to in the Kangaroo trial and discharge.
“That is as far as I granted relief 4. Since cost follows events, I grant cost of N800 Thousand [Eight Hundred Thousand Naira] only, taken into consideration the high inflation in Nigeria since the case was filed 6 years ago.
“I grant one full month moratorium from the date of this judgment for the judgment to take effect. I also grant 15% simple interest rate on the judgment sums, which shall begin to run at the end of the one full month moratorium. Having considered the reliefs claimed and granted those that are grantable, I must now end the life of this case.
“In concluding this judgment, I reiterate the reliefs granted as follows: “I grant relief (1) in full. I grant relief (2) to the extent that the claimant is deemed to have voluntarily resigned his appointment Apr 22, 2014 and consequently, the defendant shall issue to the claimant letter of acceptance of his voluntary resignation backdated to Apr 22, 2014 within one full month of this judgment and, shall also calculate and pay to the claimant his terminal benefits for the 7 years, 9 months he served.
“Relief 3 is granted only to the extent that the defendant is hereby ordered to pay to the claimant his earned but yet to be paid salary and allowances to Apr 22, 2014.
“Relief 4 is granted to the extent that the defendant shall calculate and pay to the claimant his two years [24 months] salaries as lump sum on the basis of N154, 949. 24 monthly salary, which is N3, 718, 781.76K, as damages for the wrongful termination, psychological trauma and mental stress.
“Cost of N800, 000, 00 (Thousand [Eight Hundred Thousand Naira] only is awarded against the defendant in the claimant’s favour.
“15% simple interest rate per annum is granted on the judgment sums to start running after one full month of this judgment until fully liquidated.”
Read The Full Judgment –https://nicnadr.gov.ng/judgement/judgement.php?id=9171