Industrial Court docket units apart retirement of Vitus Ugwoke from Skye Financial institution, validates resignation
His Lordship, Hon. Justice Hamman Polycarp of the Portharcourt Judicial division of the Nationwide Industrial Court docket has put aside the purported dismissal of Mr Vitus Ugwoke from Skye Financial institution by way of a letter dated October 12, 2011, and validated Ugwoke’s resignation of the Ugwoke’s from service by way of the letter dated twenty second August 2012.
Justice Polycarp ordered Skye financial institution to launch claimant’s requisite paperwork to allow entry to his pension contributions with TrustFund PFA, with the fee of the sum of N6,098,558.33 Six Million, 9-Hundred and Eight Thousand, 5-Hundred and Fifty-Eight Naira as salaries arrears for October 2011 to July 2012, and the sum of Two Hundred Thousand naira inside 30 days.
From information, the claimant’s- Vitus Ugwoke had submitted that allegation of misconduct was made in opposition to him with none alternative to clarify himself opposite to identified banking ethics that he was prosecuted and subsequently discharged.
That on the twenty second of August, 2012 he despatched a discover of retirement and demanded fee of his excellent salaries from October 2011 to July 2012 and all to no avail.
He submitted additional that it was throughout the pendency of the go well with he noticed a purported letter of dismissal dated twelfth October 2011 for the primary time by the financial institution.
In defence, the financial institution acknowledged thay found some wrongs in Ogwuke’s workplace that the Chief Inspector determined to research the matter and a panel was arrange that the Claimant deserted his responsibility publish and didn’t report back to the workplace.
The defendant averred additional that queries have been issued to the workers concerned within the matter who have been discovered wanting by the panel, however the claimant failed to seem and likewise made himself unavailable to be issued any question urged the court docket to dismiss the go well with with value.
The defendant denied refusing the claimant entry to his account that the claimant’s pension contributions have been duly remitted to his pension fund administrator.
The defendant counsel U. B. Ubaika Esq raised objection urged the court docket to strike out the go well with on the grounds that Skye financial institution having been wound up, that no go well with can start or proceed within the identify, that Polaris Financial institution didn’t assume worker liabilities of Skye Financial institution amongst others.
In opposition, the claimant’s counsel James Oguru Esq urged the court docket to dismiss the objection and submitted that the employment termination of Ogwuke was finished in breach of the phrases of employment.
Delivering the judgment, the presiding decide, Justice Polycarp Hamman dismissed the objections for need of advantage and held that Skye Financial institution shouldn’t be lifeless having not been dissolved that no court docket of legislation acts on speculations.
“What’s due to this fact apparent from exhibit UBO2 (liquidation and revocation of the banking licence of the defendant (Skye Financial institution Plc) is that the defendant has not been dissolved, and there’s no proof earlier than the court docket to point that the defendant (Skye Financial institution Plc) has been dissolved.
“To merely depose that the property and liabilities of the defendant have been acquired by Polaris Financial institution with none proof of such acquisition is to my thoughts not sufficient.
“In labour legislation, whereas an employer can dismiss an worker summarily or in any other case on any allegation that quantities to gross misconduct as offered within the phrases of employment even with out discover, this should nevertheless not be to the detriment of the rule of honest listening to.”