Hon. Justice Elizabeth Oji of the Lagos Judicial Division of the National Industrial Court has dismissed the alleged unlawful employment termination claim filed by one Mr. George against Silverbird Cinemas in its entirety for lacking merit.
Justice Oji ruled that Mr. George attended a meeting where he was confronted with allegations of misconduct, and he had the opportunity to state his case, he failed to establish that his employment termination was unlawful as he was given the opportunity to defend himself at the ‘management meeting’.
From facts, the claimant- Mr. George had submitted that his dismissal from employment by Silverbird Cinemas does not accord with his contract of employment and International Best Practice.
He averred that he was invited to a Management meeting and upon entry into the meeting it turned out to be a disciplinary meeting and was confronted with an allegation of misconduct, and six days later, he was handed a letter of dismissal without the issuance of any query before his dismissal which amounts to a violation of his right to fair hearing.
In defence, the defendant- Silverbird Cinemas stated that Mr. George was dismissed based on the report of the Panel after he was given the opportunity to defend himself. The Silverbird Cinemas maintained that Mr. George was notified of the allegations against him and was given an opportunity to defend himself, and urged the court to dismiss the case.
In opposition, the counsel to Mr. George argued that his client was invited to a management meeting and not to attend a disciplinary panel, and stated that the allegation of misconduct is a serious offence that the Silverbird fails to prove, urged the court to grant the reliefs sought.
In a well-considered judgment, the presiding Judge, Justice Elizabeth Oji held that when a contract of employment is said to have been brought to an end contrary to the contract between the parties, the contract is said to have been wrongfully terminated.
The Court ruled that the employment relationship between the parties was devoid of statutory flavour, and none of the exhibits tendered by Mr. George showed any particular procedure that must be followed before his employment can be terminated without notice.
Justice Oji ruled that Mr. George attended a meeting where he was confronted with allegations of misconduct, he had the opportunity to state his case, and he failed to establish that his employment termination was wrongful as he was given the opportunity to defend himself at the ‘management meeting’.
On the non-payment of transfer benefit, the Court ruled that Mr. George failed to establish that his contract of employment, or policy or practice of the Silverbird Cinemas provides for the payment of transfer benefit.
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