The Port Harcourt division of the National Industrial Court has set aside the dismissal of Mr. Osaro Nwakaji by Intel Nigeria Ltd. for being wrongful and improper.
Justice Faustina Kola-Olalere gave the order on Tuesday while validating Mr Osaro’s resignation with effect from May 15, 2019.
The judge dismissed the suit filed by the firm and ordered it to pay the sum of N500,000.00 to Osaro as cost of action.
What transpired
The case was brought before the court by Intel Nig. Ltd. claiming Mr Osaro had incorporated Ospat Services while he was in the employment of the firm.
The claimant (Intels Nigeria Ltd) accused Mr. Osaro Of registering Ospat Services with the intention to duplicate his employer’s business while he was still in the employment and service of the firm which was contrary to the terms and conditions of Service.
The firm told the court that Mr. Osaro’s resignation was rejected and he was dismissed, urging the court to grant the reliefs sought.
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In his defence, Mr. Osaro Informed the court that the Terms and Conditions of Service for Management Staff of Intels Nigeria Limited relied upon by the firm were not in existence at the time he was in employment with the firm.
His firm, Ospat Services, which is the second defendant in the suit maintained that Mr. Osaro was a nominal director in the company, as the business lacked similarities with that of Intel nig. Ltd.
The defence Counsel argued that Intel Nig Ltd did not dismiss Mr. Osaro from employment but that he voluntarily resigned from his appointment with the firm.
He therefore prayed the court to dismiss the case in it’s entirety while making counterclaims.
Judge`s ruling
Justice Kola-Olalere in her rulling held that the firm had failed to convince the Court from any term and condition of its contract of service with Mr. Osaro provided that it was treacherous of him to incorporate Ospat Services while he was in the employment of the firm.
The judge held that Intel Nig. Ltd failed to provide substantial ground or evidence to convince the court that Mr. Osaro was served with its Terms and Conditions of Service for Management Staff for the year 2018 – 2019.
Justice Kola-Olalere also held that Intel Nig. Ltd did not frontload a copy of its own Memorandum and Articles of Association which will enable the Court to compare the similarities in the two company objectives.
The judge also ruled that Mr. Osaro has an unfettered right to resign from work at will while his employer cannot stop him.
On the basis of the counter claim,the court dismissed Mr. Osaro N15.3m claim for lacking ground and evidence.
Thr court awarded the sum of N500,000,00 cost of action against the firm.