The National Industrial Court of Nigeria has awarded N76.6m to a banker, Mr Patrick Modilim, for alleged wrongful termination of his employment.
Justice Benedict Kanyip held in his judgment that the defendant “constructively and wrongly” terminated the claimant’s employment.
He ruled, “It is hereby ordered that the defendant shall pay to the claimant the sum of N75,535,128.00 only being the total sum the claimant ought to have been paid as his emolument for 20 months had the defendant reviewed his level to General Manager on confirmation.
“It is hereby ordered that the defendant shall pay to the claimant the sum of N1,120,221.60 only as damages for the wrongful termination of the claimant’s contract of employment in terms of his constructive dismissal by the defendant.”
The judge also held that the money must be paid within 30 days of the judgment, otherwise it would attract interest at the rate of 10 per cent per annum until liquidated.
Modilim, a Deputy General Manager at Zenith Bank Plc, when United Bank for Africa, offered him employment on December 3, 2007, said it was agreed he would be made a General Manager after six months, subject to his meeting of set targets.
According to him, he met the set conditions following which UBA confirmed his employment on August 5, 2008.
He however added that the bank continued to pay him the salary of a Deputy General Manager for the 20 months he worked for them, and did not provide him with two official cars which he was entitled to as a General Manager.
Following this, Modilim said he was forced to resign on March 31, 2010, while UBA accepted his resignation via a letter dated March 30, 2010, a day before he resigned.
The plaintiff said UBA’s acceptance letter shows that his employment was constructively terminated.
But the bank had said it never promised to confirm the claimant’s employment as a General Manager.
It said it confirmed Modilim’s appointment as Deputy General Manager after the probationary period in line with his terms of employment.
The bank also denied that Modilim was entitled to two vehicles with cash value of N16.4m as he was never a General Manager in UBA.
UBA added that the claimant resigned his appointment on his own, never worked as a General Manager, and therefore, cannot be paid the salary of a General Manager.
But Justice Kanyip declared that the defendant’s failure to review the claimant’s level to General Manager on confirmation was a breach of his contract of employment contained in the offer letter and letter of commitment, both dated November 23, 2007.
In one of the letters, UBA stated: “Subject to achieving your set targets, the bank is willing to review your level to General Manager on confirmation.”
UBA had argued that the claimant did not prove that he met the targets, and that its expression of willingness to review his office was futuristic and “does not constitute a contract of employment.”
But Justice Kanyip disagreed, saying, “This commitment remains a binding terms of the contract of employment between the claimant and the defendant.”
http://www.punchng.com/feature/the-law-you/court-awards-n76m-to-banker-for-wrongful-sacking/

I like this kind of news. I am so happy for the claimant. Nigerian employers should start respecting us while we are still employees

A classic example of the phrase " Every disappointment is a blessing in disguise."

so banks dey pay like this? Hmmm!

.

Well, good for d guy!

osjoshua: .

space booking things.

O boy!!!!, dis guy don hama!!!

Great news for him. We need more justice like that.

.Take this also
..
...
.....
........
1999: BRAZIL 4 - 0 GERMANY
2002: BRAZIL 2 - 0 GERMANY
2004: BRAZIL 1 - 1 GERMANY
Total: BRAZIL 7 - GERMANY 1.
But in the year ...2014:
BRAZIL 1 - 7 GERMANY
This year, what ever you have lost in the past shall be recovered in a single day.
Claim it by saying Amen!!! Gud morning 2u all

I hope he eventually gets the money, those bank folks go wan pursue the case reach supreme court

lucky banker..u are rich

76.6 million?God is great. I claim this miracle money

Seeking legal redress in Nigeria requires a lot of patience.

2010-2014, 4 years. I hope the amount is worth the wait for the plaintiff.

Wow !!! Say No To Cheating.

Praise the Lord

Biggest boy banker

Good news. Good job by NIC. I love the interest part. 10% no be small thing o

Sack me too oooooooo

No be who get money go go court? What of other people that have been treated worse? Good news shaaaa. If it was a poor person vs Etisalat or Mtn the case would have been dead a long time ago.

UBA should stop poaching other bank staff with mouth watering offers.

Oya pay up sharpaly.

9jahubcom: fool

a Very BIG 1

.

superior1: I hope he eventually gets the money, those bank folks go wan pursue the case reach supreme court

i do not think u can appeal judgement of nic in case like this.

thepathologist:

i do not think u can appeal judgement of nic in case like this.

Sure of that?

This is good news! That's why I don't append my signature just anywhere. Written agreement is binding.

Good one.

He has chop 20 months DGM pay on top 20 months GM pay.

God is good.

They say vengeance is best served cold. I'll say justice is best after the tides and downpour.
Am i impressed? Ohh yes!
This is a slap on the face of those pessimistic cynical beings who have lost faith in Nigeria.
A normal employee would have accepted the sack letter without a fight cos most banks have high rate lawyers in their pockets. But this guy was bold enough to take the risk...and he won! I love this gist. Best for a monday morning.

More.

Please more of this type of news.

We have been 'graped' for too long.