The Presiding Judge of the Kaduna Judicial division of the National Industrial Court, Hon. Justice Sinmisola Adeniyi has dismissed the severance entitlement claim filed by one former staff of the Keystone Bank, Mr. Ogbeche Nnamdi against the bank for lack of credible evidence and unmeritorious.
The Court further held that Mr. Nnamdi failed to plead or establish membership of the Association of Senior Staff of Banks, Insurance, and Financial Institutions [ASSBIFI], and cannot rely on the collective agreement for his claims for severance benefits.
From facts, the claimant- Mr. Ogbeche Nnamdi had contended that the termination of his employment over poor performance is unlawful and not in tune with his contract of employment. He maintained that he was not guilty of fraud, gross misconduct, or negligence as to deny him his severance benefits against the ASSBIFI agreement; urged the court to grant the reliefs sought.
In defense, the defendant- Keystone Bank submitted that the termination of appointment of Mr. Nnamdi was done in accordance with the contract of employment with payment of his severance benefits urged the court to dismiss the case.
I.L. Ogor Esq. the learned Counsel to Nnamdi, maintained that his client acceptance of salary in lieu of notice is not tantamount to acceptance of alleged invalid and unlawful termination thereby denying him of his severance benefits.
Delivering the judgment after careful perusal of the submission of both parties, the presiding Judge, Justice Sinmisola Adeniyi held that termination of Nnamdi appointment was not wrongful and no averment whatsoever as to Mr. Nnamdi being a member of ASSBIFI, neither was any document tendered to prove that he was a member to enable him to benefit from the collective agreement.
Justice Adeniyi further held that Mr. Nnamdi failed to establish how he came about the computation of the amount claimed and also failed to establish his entitlements to severance benefits and damages of his claims.
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