Justice Maureen Esowe of the Lagos division of the National Industrial Court has ordered the Union Bank to immediately pay the total sum of N20, 261, 810 million to one of its retired staff, Asenime Claire Ojuzo.
The judgment sum according to Justice Esowe, is the shortfall of gratuity Union Bank ought to pay Mrs. Asenime, upon her retirement.
Justice Esowe made the order while delivering judgment in a suit marked NICN/LA/534/2017, filed by a retired officer and the bank.
The claimant, a former senior manager at Union Bank, through her lawyer, Chief Paul Omoijiade, had asked the court to “declare that the purported approval by the bank of the claimant’s withdrawal from service which the Claimant did not apply for was wrong.
“A declaration that the purported determination of the Claimant’s contract of service by Union Bank is wrongful, same having been done without due process as laid down in the bank’s handbook and the bank’s custom and practice.
“A declaration that the purported removal of the claimant from his employment as Senior Manager (SM) without due process amounts to redundancy for which the claimant is entitled to redundancy benefit.
“A declaration that Union Bank is in arrears of N18, 114, 600 million, in the payment of the Claimant’s gratuity.
“A declaration that the deduction of the sum of N16,106,219.66 million, as outstanding loans, status car, unearned medical, outstanding status generator, and car from the claimant’s gratuity is unlawful.
“An order of the honourable court directing Union Bank to pay to Ojuzo the sum of N16,106,219.66 million, deducted from the claimant’s gratuity.
“An order of the honourable court directing Union Bank to pay to Ojuzo the sum of N18,114, 600 being a shortfall in the gratuity paid to her.
“An order of the honourable court that the bank pays the sum of N12 million, to the Claimant as compensation for the defendant’s wrongful and unlawful action withdrawing the claimant’s services without due process.
“An order of the honourable court for the payment of interest at the rate of 20% on the deductions and withheld gratuity under paragraphs (f) and (g) above.
“An order of the honourable court that the bank pay to the claimant the sum of N1 million, being the cost of litigation.
During the trial of the suit, the claimant told the court that she was a staff of the bank until her employment was wrongfully withdrawn on November 22, 2013, and her terminal benefits were never paid in full.
She also told the court that Union Bank also deducted the sum of N16, 106, 219.66 million, which the bank referred to as outstanding loans, unearned housing, status car, and unearned leave from her benefit, adding that, said she never applied for withdrawal service, therefore, the withdrawal of her services is tantamount to redundancy.
Defending the suit, Union Bank through its witness, Francis Idiaghe, who was led by Feliz O. Ogungbemi, told the court that there is no provision in the Trust Deed of variation that the claimant or any employee of Union Bank can remain in service till the age of 60. Rather, than underemployment, either party can determine the contract by giving a month’s notice.
The witness told the court that the Defendant, exercising her right under the contract, determined the contract by a letter of withdrawal of service dated November 22, 2016, issued to the claimant. Adding that the sum of N16,106,219.66 million, deducted from the claimant’s terminal benefits covers the loans (N13,683,188.86 million) taken by the claimant during the pendency of her employment and the outstanding and unpaid money (N2,247,210 million) covering the cost of her status car and a generating set.
Union Bank in its final written address, asked the court to determine “Whether the claimant is entitled to a declaration that the withdrawal of the Claimant’s employment is unlawful.
“Whether the Claimant having been paid her terminal benefit and having accepted same, can be heard to complain that his contract was not properly determined.
“Whether the termination of the Claimant of employment by the Defendant amounts to redundancy.
“Whether the Claimant is entitled to the sum of N18,114,600.00 (Eighteen Million One Hundred and Fourteen Thousand Six Hundred Naira) as outstanding gratuity from the Defendant.
“Whether the deduction of the sum from the Claimant’s terminal benefit in the liquidation of Claimant’s outstanding staff loans, status, generator loan, and unearned medical is unlawful.
“Whether by the evidence placed before this Honourable Court, the Claimant is entitled to damages in the sum of N12 million.
“Whether the Claimant is entitled to interest at the rate of 20% on the alleged outstanding gratuity and the amount allegedly deducted from her gratuity.
“Whether the Claimant is entitled to the sum of N1 million, as cost of litigation.”
Justice Esowe, in her judgment on the suit after the evaluation of parties’ submissions, and citing plethora of legal authorities, held that: “having gone through the claimant’s claim, evidence led in support, the defendant’s defense, evidence led in support, with the final written submissions of Counsel on both sides, this Court, while adopting all the issues formulated by Counsel, has distilled a sole issue for determination, to wit: Whether the Claimant has proved his case to be entitled to the reliefs sought.” culled: Business Hallmark.
