Ecobank without valid justifiable reasons as wrongful and total disregard to the international best practices.
However, Ecobank stated that the claimant exited the service of the defendant under the rightsizing exercise carried out by the bank in January 2018 and his benefits and entitlements were duly paid to him that the motive behind termination is not vital in the determination of wrongfulness or otherwise of termination.
Counsel contended that by Article 4 of the Termination of Employment Convention 1982, that motives are indispensable in this kind of situation that given the disgraceful nature in which the claimant’s employment was terminated, that a reinstatement is only fair to restore losses. “In the case at hand, notice of termination was dated 31/1/18 and the notice is to take effect on 2/2/18. Claimant statement of account was tendered by the defendant to show that the one month salary in lieu of notice was paid to the claimant on 8/2/18.
“From the evidence and circumstances of this case, there was nothing to cast doubt on the claimant’s capacity in terms of performance of his job. “This also shows that the current labour regime in the country empowering the court to deal with issues of international best practices clearly demonstrated the resolve of the legislature to modify the traditional common law doctrine giving employers power to perpetrate unfair termination.
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Source: DailyPostNGR - 🏆 11. / 59 Read more »