Honourable Justice Yakubu Hassan of the National Industrial Court, Ibadan Division has delivered another significant judgment on employment matters in Nigeria, specifically addressing the termination of employment in accordance with an employee’s terms and conditions of employment.
BACKGROUND
Mr. Adeniyi Adeluwoye (“the Claimant”) instituted an action against Nestlé Nigeria Plc (“the Defendant”), challenging the termination of his employment.
In his statement of claim, the Claimant alleged that his termination was wrongful, in that he. applied to his manager for leave to attend to personal matters, however to his surprise, he received a letter in October 2022 terminating his employment with the Defendant. The Claimant contended amongst others that the termination notice failed to provide any cogent reason for the decision, contrary to the provision of ….of the International Labor Organization Convention (ILO Convention) the termination letter was not addressed directly to him but through his supervisor and argued that, in line with the provisions of the Employee Handbook, he was entitled to a fair hearing prior to the termination of his employment.
In its defence, the Defendant contended that the Claimant applied for only one day of leave. Following the expiration of the approved leave period, and upon the Claimant’s failure to resume work thereafter, it was presumed that he had unilaterally absented himself from duty and had effectively abandoned his role. The Defendant asserted that the Claimant’s absence continued for approximately six weeks, which led to the decision to terminate his employment. The Defendant further explained that the provisions of the ILO Convention does not form part of his contract of employment, his termination was carried out in accordance with the contract of employment between him and the company including the company’s Employee Handbook, with all his entitlements duly paid.
SUMMARY OF THE COURT’S FINDINGS
The Court found that the Claimant failed to substantiate his allegation of wrongful termination with credible and admissible evidence. Specifically, the Claimant did not tender the Employee Handbook, which formed the basis of his claim nor did he present any credible evidence to establish that his termination breached the terms and conditions of his employment. Also, the Court held for the Claimant to succeed in its claim for wrongful termination; he must plead in what way and manner the terms of his employment with the Defendant was breached. The Court further held that the Claimant’s reliance on The International Labour Organization Convention best practices was unfounded, as he neither pleaded nor provided evidence of what constituted such practices in the circumstance. In reaching its decision, the Court noted that, as mandated by Section 7(6) of the National Industrial Court of Nigeria Act 2006, the Court is required to have due regard to good and international best practices. However, what constitutes good and international best practices is a question of fact, one which the Claimant failed to plead and establish before the Court. Additionally, the Court accepted the Defendant’s position that the Claimant had been paid all entitlements due under his contract of employment and had, out of goodwill, also been paid for the period of his absence from work, an assertion the Claimant confirmed.
In view of the foregoing, the Court dismissed the Claimant’s case in its entirety.
CONCLUSION
This judgment reinforces the principle that claims of wrongful termination must be substantiated with credible evidence, including relevant contractual documents such as employee handbooks. The decision serves as a reminder to both employers and employees of the critical role that documentation and procedural compliance play in employment disputes before the National Industrial Court.
This significant judgment underscores Akinwunmi and Busari LP’s continued commitment to client advocacy and we are pleased to have represented the Defendant in the matter.
