ACM Limited to Pay Ex-staff N1.2 Million for Unlawful Termination of Employment

The National Industrial Court, Port Harcourt division, has ordered ACM Limited to pay Mrs Julia Imoh the sum of N1, 265, 000.00 as unpaid salaries and leave allowances within 30 days following an illegal query and sudden termination of her appointment.

The presiding judge, Justice Polycarp Hamman made the order on Friday after listening to submissions from both counsels to the claimant and counsel to the defendant saying the issuance of query and sudden termination of Mrs. Imoh’s employment without notice is illegal and unlawful.

In her words, Mrs. Imoh disclosed that the firm stopped paying her salaries and other outstanding entitlements since February 2020, a year after she was employed.  She informed the court that her boss had forcefully seized her office keys and shut down her official email after which she was issued a letter dated March 12, 2020, directing her to embark on 22 working days of compulsory leave

Mrs. Imoh who prayed the court should grant her relief sought noted that this came up after demanding for her outstanding salary payment and benefits through her lawyer but the firm hurriedly issued her a query dated 18th June 2020 and thereafter dismissed her from employment without giving her notice on 25/6/2020 contrary to the terms of the contract of employment.

In defense, the firm through its counsel argued that the claimant did not acknowledge the query she was issued and did not provide any service to the firm between March 13 and June 25, 2020, and as such, she was not entitled to any salary.

The firm’s counsel asked the court to dismiss the case in its entirety and grant the counter-claimed damages on a note that the acts of the claimant, Mrs Imoh amounts to gross insubordination and misconduct, and deserve to be dismissed from employment,

While giving his final verdict and judgment, Justice Polycarp affirmed that there is no provision for dismissal in the contract of service between both parties and the law is trite that parties are bound by the terms of their agreement.

He further went to disclose that Mrs. Imoh’s employment was not terminated in line with the provisions of the employment offer, and no provision for dismissal in the agreement, and ordered the firm to pay the claimant the sum of N230,000.00 as salary in lieu of notice as provided in the offer of employment.

The court after dismissing the firm’s counter-claims for lacking merit ordered them to give Mrs. Imoh access to the office in order to retrieve her items and money (if any) left in the office.

He also urged both parties to keep the peace while complying with the order of the court.