Wrongful termination: Court worsens dismissed driver’s condition

By Glory Abuh-Adejoh

The National Industrial Court, Abuja, on Tuesday dismissed a suit seeking a declaration of wrongful termination and relief of N20 million as damages, by a driver, Henry Onyiwealehi.

Justice Rakiya Haastrup in a judgment dismissed the case for inability of the claimant to prove that there was breach of his contract of employment.

The judge said the totality of evidence shown by the claimant from the conditions of service, which is the fundamental document in relation to the claimant’s employment, did not show breach in the contract of agreement by the defendant.

She held that it was the same document that was used by the court to determine the wrongfulness or otherwise of dismissal.

Haastrup also held that the issue of general damages of N20 million, because the claimant failed in his main relief on wrongful termination of employment, cannot succeed in his relief for general damages.

She also dismissed the counter claim of N21 million by the defendant.

News Agency of Nigeria (NAN) reports that the claimant, a driver with an Abuja-based Apro binna Construction ltd, was sent to the bank on June 6, 2016 to make a cash withdrawal of N1 million by the defendant’s accountant.

The claimant however alleged that an unknown person snatched the cash from him on his way back to the office in a public vehicle.

Innocent Nnabuihe, the defence counsel in his submission, alleged that the claimant failed to carry out instructions given to him by the company’s accountant, to call him to pick him up from the bank.

Nnanuihe said the claimant’s negligence in discharging his official duty was the ground for his dismissal and the counter claim sought by the defendant.