The Lagos division of the National Industrial Court (NICN) has declared that the 2020 mass sack of 20 Staff by the United Bank for Africa (UBA) Plc, as wrongful and fundamentally breached of contract agreement.
UBA Plc allegedly forced the 20 staff to resign their employment with the bank involuntary.
Justice Nkechi Gerald Nweneka, affirmed the constructively dismissal of the 20 bankers by UBA Plc, while delivering judgment in a suit marked NICN/LA/286/2020, filed by Barrister Elvis E. Asia, counsel to 20 bankers.
The former UBA Plc staff have alleged among others, that they were forced to resign from the bank between January 3 and 6, 2020, with a threat of forfeiting their entitlements, if they refused to resign.
Claimants in the suit are; Adeniji Funmilayo Foyekemi; Russel Olaiya Ilueminisen; Nkem Ben-ofuokwu; Francis Jegede; Okoro Odinaka Theresa; Umeh Chidi Christopher; Helen Omu; Falode Esther Adesola; Aina Ajibola Ayodeji; Hosu Stephen Jogbenayon; Ogunremi Titilayo and Chizoba Christine Reuben.
Others include; Dada Faith Oluwatosin; Musa Kaseem Akanji; Fasanaya Oluwatoyin Mary; Maria Nneka Nwodo; Ayantoyinbo Abiola; Henry Chibuzor Onuigbo; Onyibo Obianuju Ngozika and Oludare Falope.
All the Claimants have prayed the court for nine reliefs, which were: “a declaration that the claimants were constructively dismissed by the defendant.
“A declaration that the personal loans given to the Claimants by the Defendant between August and December 2019 were unconscionable, oppressive, and against all known tenets of corporate decency as it was [sic] designed to deny the Claimants benefits in the event of the planned sack.
“An order cancelling the loans or alternatively, ordering the Defendant to apply insurance proceeds to the payment of the outstanding loans and updating the Claimants’ terminal benefits accordingly.
“Payment of salaries from the date of constructive’ dismissal to the date of judgment.
“The sum of N400 million for breach of contract and wrongful termination of employment.
“An order mandating the Defendant to remit the 2.5% NHF deductions from the Claimants’ salaries to the Fund, of alternatively, an order mandating the Defendant to credit the Claimants’ accounts with the deductions made from their salaries as NHF contribution with interest at the rate of 25%.
“An order mandating the defendant to provide satisfactory references when requested, without reference to alleged non-performance and outstanding loans.
“N10 million damages against the Defendant for defamation of character.
“Cost of action in the sum of N10, million.”
To defend the suit, UBA Plc through its Human Resource Officer, Yvonne Solomon, during the trial of the suit, denied all the allegations against the bank and urged the court to dismiss the suit, for lack of jurisdiction.
She also asserted that the law suit is incompetent and a nullity due to the misjoinder of the Claimants. Adding that all the Claimants resigned voluntarily, in accordance with their contracts and the principles of Common Law applicable in Nigeria, and were not terminated.
She also denied that UBA Plc engaged in discriminatory of unfair labour practices, given its position in the financial sector.
Delivering judgment in the suit after legally evaluated parties submissions, Justice Nweneka, held that: “Relief one is for a declaration that the Claimants were constructively dismissed by the Defendant. I found that the Claimants were constructively dismissed by the Defendant….
“I hold that this claim has been established and is granted”.
The judge further held that: “In conclusion, reliefs 1, 3, 7 and 9 are granted, reliefs 2, 4, 5, 6, and 8 are dismissed.”
