Hon. Justice Elizabeth Oji of the Lagos Judicial Division of the National Industrial Court has declared the employment termination of Engr. Agbo by the Dangote Cement Plc as wrongful and contrary to the employment contract between both parties.
The Court ordered Dangote Cement Plc to pay Engr. Agbo the sum of N5m as damages for wrongful employment termination, and the sum of N1m cost of action within 30 days.
Justice Oji faulted the action of the Dangote Cement for treating the contract between it and Engr. Agbo with disdain without deference to its contractual obligations, and what is right by acceptable international best practices standards.
From facts, the Claimant- Engr. Agbo had submitted that he was employed into the services of Dangote Cement PLC on the 13th of October 2011 as Assistant General Manager and argued that in a bid to raise a grievance issue with his boss on the 17th of September, 2015 to be resolved as stipulated by the staff handbook, he was served with employment termination letter titled “Service No Longer Required”.
Engr. Agbo posited that due disciplinary procedures were not followed prior to his disengagement as stipulated in the company’s handbook. Engr. Agbo stated that in the undue disengagement, crude injustice was committed against his person and he suffered loss and damages, and all efforts to get reinstatement were to no avail.
In defence, Defendant- Dangote Cement Plc maintained that due process was followed for the termination of Engr. Agbo’s appointment and posited that Engr. Agbo was paid his terminal benefits and his pension was remitted to the relevant pension fund managers.
The Cement company argued that Engr. Agbo’s claims that the termination is a breach of his right to dignity of human person as guaranteed by the 1999 Constitution is over-stretched; and further that Engr. Agbo’s claims are misconceived, frivolous, and vexatious and urged the Court to dismiss same with substantial cost.
In opposition, the learned counsel to Engr. Agbo; Rotimi Komolafe Esq argued that Dangote Cement’s termination of his client’s employment was premised on the moribund common law principle without due regard to the new regime in labour law and international best practices in Labour Law, and urged the Court to grant the reliefs sought.
Delivering judgment after careful evaluation of the submission of both parties, the presiding Judge, Justice Elizabeth Oji stated that the Dangote Cement submission was made without reference to the circumstances leading to the Engr. Agbo’s termination.
The Court ruled that Dangote Cement failed to comply with its disciplinary procedure for terminating Engr’s employment. Agbo, and further that the conduct of Dangote Cement in the employment termination of Engr. Agbo was done in breach of the contract between the parties.
Justice Oji reiterated that the Labour Law and Practice in Nigeria has since been freed from the shackles of such draconian common laws and practices, and awarded the sum of N1m against the Dangote Cement Plc.
