The National Industrial Court has ordered the immediate reinstatement of Samuel Yunana, a former Managing Director of Daltrade Nig. Ltd. by nullifying the termination of his employment.
The court also ordered the claimant’s reinstatement with payment of all his salary arrears at the rate of N500,000 per month from Aug. 2016 to date without any loss of entitlements and privileges within 30 days.
The judge, Justice Paul Bassi while delivering the judgment held that the defendant, Daltrade Nig. Ltd did not comply with extant procedures as contained in the Company and Allied Matters Act (CAMA) before the purported removal of the claimant from office.
From fact, the claimant had submitted that the procedure adopted for his dismissal was defective, unconstitutional and therefore urged the court to grant the reliefs he sought.
In response, the defendant averred that Yunana was given a fair hearing and the firm acting through its Board of Directors reserved the power to review its relationship with the claimant.The firm in addition stated that the procedure it adopted in reviewing its relationship with the claimant was lawful.
The defendant further submitted that the claimant had admitted that he attended the meeting where the resolution for termination of his appointment was passed.Daltrade at the end of its submission urged the court to dismiss the case in its entirety.
However, the court on its part after listening to the submissions of both parties held that the failure of the defendant to send the claimant the requisite notice as required in CAMA 2004 in matters of removal of an employee whose employment had statutory flavour had rendered its action invalid, null and void.
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