Industrial Court dismisses Oloko’s employment termination Claim against Firm for Lacking Merit

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The Presiding Judge, Awka Judicial Division of the National Industrial Court, Hon. Justice John Targema has dismissed the case filed by one Okolo Christopher against TRACAS Nigeria Limited challenging his employment termination for lacking merit.

Justice Targema held that Mr. Okolo did not lay any credible, cogent and compelling evidence before the Court to warrant the grant of reliefs sought.

From facts, the claimant- Okolo Christopher had averred that the purported termination of his employment by his employer- Tracas Nigeria Limited for no just cause and without recourse to its Staff Regulations or any statute is wrong and unlawful and sought an order of reinstatement to his former position as “Desk Officer, Corporate Affairs/Branding” with payment of salaries and allowances from 04/07/2019, until judgment is delivered amongst others.

In defense, the defendant- Tracas Nigeria Limited submitted that Okolo was in the Corporate Affairs/Banding Department as Desk Officer before his redeployment as a booking clerk and he refused to report to duty for months before the termination of his appointment despite a warning letter.

The firm submitted further that Mr. Okolo was reinstated but never reported to duty, and a query dated 25/10/2019 was issued and served on him and he chose not to work again as an employee of the firm, urged the court to dismiss the case for lack of merit.

In opposition, Okolo’s counsel averred that the purported reinstatement of his client was an outright demotion from a higher rank of desk officer to the lower rank of booking/loading clerk, urged the Court to discountenance the defendant counsel’s submission and grant the reliefs sought.

Delivering the judgment after careful evaluation of the submission of both parties, the presiding Judge, Justice John Targema held that Okolo Christopher did not lay any credible, cogent and compelling evidence before the Court to warrant the grant of reliefs sought.

The Court ruled that Okolo Christopher’s claims that his employment termination is unlawful has the duty to prove same by placing before the Court the terms and conditions of employment from which it can be read the unlawfulness of the termination.

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