Justice Ibrahim Galadima of the Lagos Division of the National Industrial Court has delivered judgment, dismissing the entitlement claim filed by one Mr. Uche.
Mr. Uche, a former employee of Keystone Bank alleged that his former employer wrongfully terminated his employment.
The court dismissed his claim on Monday on the ground of lacking merit.
Background
Mr. Uche had alleged that Keystone Bank had wrongfully terminated his employment, contending that the bank breached the terms of his employment contract.
additionally, he claimed that he was not served a month’s notice prior to the termination nor paid a month’s salary in lieu.
For the purpose of protecting his image, he had requested that his termination letter be converted into a letter of resignation.
Mr. Uche also argued that he was not paid subsequent years’ salaries as an employee.
Keystone Bank, in contrast, asserted that it did not breach the terms of Mr. Uche’s employment contract.
The bank otherwise argued that he had willingly converted his termination into a resignation and had already benefitted from it, including receiving a month’s basic salary in lieu of notice and his entitlements as per his employment contract.
In opposition, counsel to Mr. Uche stated that the contract between the parties did not contemplate that the 1 month’s salary in lieu of notice, which is to be paid upon termination, shall be the basic salary only.
His counsel argued that Mr. Uche is entitled to his full salary with his allowances for that 1 month, emphasizing that this aspect was not addressed in the contract.
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Court’s Decision
Delivering judgment, Justice Galadima ruled that Mr. Uche’s request to convert his termination to a resignation indicated his desire for the consequences of a voluntary resignation.
The court emphasized that Mr. Uche voluntarily opted for this arrangement without coercion or duress.
Justice Galadima stressed the principle of equity, he held that Mr. Uche’s means of exiting the bank should be considered a Letter of Resignation, not the letter of “services no longer required.”
The Court upheld the bank’s position and dismissed Mr. Uche’s entitlement claim for lacking merit.
