The National Industrial Court of Nigeria, sitting in Lagos, has ordered Bayer Nigeria to pay Mrs Oduse a total of N3.298 million for wrongful termination of employment and legal costs.Find Legal Help
In a judgment delivered by Hon. Justice Elizabeth Oji, the court awarded Mrs Oduse N798,000 as one month’s salary in lieu of notice, N2 million as compensation for wrongful termination under the Industrial Court Act, and N500,000 as costs of the action.
The court, however, upheld Bayer Nigeria’s decision to reorganise its operations, ruling that the restructuring was genuine and verifiable. Justice Oji found that the company’s failure to comply with the contractual requirement to provide one month’s written notice or pay salary in lieu of notice rendered Mrs Oduse’s termination wrongful.
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According to the facts presented before the court, Mrs Oduse underwent surgery and was granted leave to recover. However, just four days after she resumed work, she was informed that her position was no longer required.Consult Lawyers
Shortly after her termination, Bayer Nigeria advertised a new position. Mrs Oduse applied for the vacancy and participated in an interview but was subsequently informed that she lacked the necessary skills and experience for the role. The position was eventually given to another employee.Find Legal Help
Dissatisfied with the decision, Mrs Oduse challenged her termination, arguing that the purported reorganisation was merely an excuse to remove her from the company. She maintained that the responsibilities of the newly advertised position were substantially similar to the duties she had previously performed.
In its defence, Bayer Nigeria insisted that the restructuring was legitimate and had made Mrs Oduse’s former position redundant. The company also denied that her termination was connected to her surgery.
Bayer Nigeria relied on its organisational report, the internal advertisement of the vacant position, the external recruitment process and interviews conducted with eight candidates to demonstrate that the restructuring and recruitment exercise were genuine.
The company further argued that it had fulfilled its contractual obligations by providing for payment in lieu of notice in Mrs Oduse’s final settlement. It also pointed out that she had acknowledged receiving approximately N3.8 million after deductions.Buy Maps
However, Mrs Oduse’s counsel, Chief Paul Omoijiade, Esq., challenged the company’s explanation, describing the reorganisation as a pretext designed to remove his client despite her considerable experience.
Counsel argued that Mrs Oduse had previously undertaken responsibilities associated with the Head of Sales position in addition to her regular duties. He also questioned the credibility of the interview process, contending that Bayer Nigeria had failed to provide a convincing basis for declaring her unsuitable for the new role.
The claimant’s counsel further submitted that the termination breached Clause 14 of her employment contract, which required either party to provide one month’s written notice or pay one month’s salary in lieu of notice. He urged the court to grant the reliefs sought.
In its judgment, Justice Oji held that Mrs Oduse had successfully established that Bayer Nigeria wrongfully terminated her employment by failing to comply with the contractual notice requirement.
The court found that the restructuring itself was genuine and that a comparison of the job descriptions showed that the former and newly advertised positions were not identical.
Justice Oji also ruled that there was insufficient evidence to establish that Mrs Oduse’s termination was connected to her surgery. The court noted that correspondence presented during the proceedings showed that Bayer Nigeria had approved her request for financial assistance towards the surgery.
Regarding her outstanding entitlements, the judge held that Mrs Oduse was entitled to the net salary of N675,078.97 paid on May 31, 2021, for work already performed, particularly as she had received her termination letter on May 25, 2021.
The court concluded that Bayer Nigeria had failed to pay the required salary in lieu of notice, thereby breaching the employment contract and making the termination wrongful.
However, the court declined to award additional compensation for alleged unfair labour practices and damage to Mrs Oduse’s brand, reputation and goodwill, ruling that those claims had not been supported by sufficient evidence