N970m Suit: Zenith Bank Loses Bid to Stop Trial

By Onyewuchi Ojinnaka
Published March 20th, 2012
News
Unrated

Zenith Bank Plc could not stop the hearing of N970 million suit filed against it by its sacked employees as Justice F.I Kola Olalere of the National Industrial Court (NIC) has dismissed the preliminary objection filed by the bank, challenging the jurisdiction of the court in entertaining the suit instituted against it by the employees.
In dismissing the preliminary objection, the court further awarded the sum of N25, 000 costs against the bank.
About 97 sacked employees of the bank had instituted an action against the bank demanding payment of N10 million to each of them for alleged wrongful termination of their appointment with the bank
In its preliminary objection, Zenith Bank (first defendant) also contended that the suit filed by the claimants did not disclose any reasonable course of action.
In his ruling on the arguments on preliminary objection, Justice Olalere declared that the court has jurisdiction to entertain the suit, adding that the objection raised by the bank lacked merit.
The judge further held that by the combined effect of Order 4 Rule 2 of the National Industrial Court 2007 and Section 13 of the NIC Act 2006, the court has jurisdiction to hear the suit.
On whether the suit disclosed any reasonable course of action, Justice Olalere held that at the preliminary stage the claimants need not establish their plea, pointing out that the only thing needed was for them to put some facts before the court.
The court further held that the claimants have disclosed reasonable course of action, stressing that the preliminary objection of the bank and other defendants lacked merit. Others joined as defendants in the suit are Zenith Securities Limited (second defendant) and People Plus Management Service Limited (third defendant) respectively.
The sacked employees of Zenith Bank had in suit No NIC/LA/124/2011 represented by Peter Ogbolu, Charles Chukwu, Mangey Bitrus Bulus, Adeniran Adebisi and Abdullahi Olayiwola Alfa, suing for themselves and on behalf of 97 other former employees of Zenith bank sought for an order of court compelling the first and second respondents to reinstate them immediately or in the alternative pay N10 million to each of them as compensation for the alleged unfair labour practice.
The claimants had in their statement of claim filed by Mr Olusola Salawu, their counsel, stated that they were employed at various times by the respondents as system administrators and were issued letters of employments and hand book of the first respondent stated the condition of service.
They further stated that they were paid by Zenith bank and were issued pay slip by the bank, adding that they have worked in the employment of the defendants between five and 10 years.
Besides, they alleged that contrary to the best labour practice as implemented to other categories of staff within the industry, they were never promoted nor given the opportunity to progress on the job.
The sacked bankers stated that when they decided to agitate for a fair labour practice devoid of discrimination, the third respondent (People plus Management Service) allegedly terminated their appointments without notice, positing that they were sacked due to the restructuring within the bank.
The claimants contended that rather than being disengaged on ground of redundancy and be paid redundancy benefit in line with terms and conditions of service, the respondents allegedly terminated their employment through the incorporation and help of the third respondent.
The sacked Zenith Bank employees are therefore asking for a declaration of the court that their disengagement by the third respondent was illegal, invalid, null and void and of no effect of whatsoever.
Furthermore, they are seeking for a declaration that the purported transfer of their employment to the services of People plus Management Service was done under coercion and without their approval. The matter was adjourned till March 27 for trial.



source: http://businessworldng.com/web/articles/2292/1/N970m-Suit-Zenith-Bank-Loses-Bid-to-Stop-Trial-/Page1.html

Let justice takes it course. There thousands of those who are still languishing in this represh system in Zenith, worked for 10yrs no promotion, no carrier growth, you are transfered from one employer to another without you concent. They waist your entire useful life because there are jobs in the country. You see people MBA doing the same job they were doing before going for first degree. God will judge promoting this unfair labour practice

good, they think they could jus lay people off becos they asked for what is rightly theirs. I jus hope that the law, which is d last hope of the common man will stand for them.

I so support this suit. Police and these employers should always be sued for unfair treatment. Things needs to be done right in Nigeria!

with d way this case is going hope its not going to last for a life time.How l wish judiciary process can be hasten.

Zenith of all banks. With all the profit they are making. Who will eat the profit. Let them call back the disengaged staff back to work.

Things happened in Nigeria o...people just need to stand tall and make things right..How i wish law can be hasten...
Upon all this falsified profits we see on paper.

I hope the court the court vindicate them, what they need is compensation and not reintating them because they will find away of purnishing them later.

Zenith bank are just too wicked to do this with all the profits claimed at the end of each quater.i even heard they bribed all the media houses not to write on this case.No mata what dey do dey will never go scott free!

Justice will prevail, no matter how they try to run, nemesis we caught up with Emefiele (zenith MD) and his cohorts. Just imagine laying off of over 300 workers just in a day and 97 of them stood there ground by taking them to court.A lot of injustice is going on in zenith,this is an organisation where promotion is a taboo to some set of workers,working for 10 yrs without promotion and cooking up allegations to edge you out of work, when they find you unbearable again.What is needed is JUSTICE and it should be done quick. Thank you.

Nigerians don open eye to this injustice by filing a lawsuit. Good! This should serve as a warning to other employers to care for their workers.

Seun, I dont like this new format of nairaland. Moreso, why am I not getting notification in my email address of replies to my topics and comments?

Good for Zenith Bank

Hmmm...it shall be well with the unjust sacked guys. I fear that justice may not be done...not in Nigeria though

in fact 970m is too small the guys should have ask for 3bn equivalent to 30m each, useless Bank

I hope these ex employees get the money they are looking for and hopefully more so they can move on with their lives.

Wowww, so this case go finally get head. a lot of the sacked employees didnt want to join this 97. cos they thot thers no way u can win a case against Zenith. this is looking gud. am so sure they will be regretting by now.

Haaa, I am tired for all these organizations. But am amazed how people can easily lose hope! What becomes of 203 that didn't join because they believed that they cannot win.

My advice to Zenith Bank is to quickly settle out of court before this matter proceeds to trial, because when it does, emotions will flare and reaching a settlement then might become a tougher thing to do.
I have read through some of the most incisive cases at the NIC involving another BIG bank and the organizations always lost, not because there is a sentiment against them, but because they are always wrong. Fortunately, the NIC is not an ordinary court where organizations can go and buy judgments.
Nigerian companies must learn the hard way to treat employees with respect and honor.
I am also in court with a big bank, and trial is underway...there defense is in shambles already.

16. atasteve: Quote Post
Haaa, I am tired for all these organizations. But am amazed how people can easily lose hope! What becomes of 203 that didn't join because they believed that they cannot win.

Perhaps they never believed in themselves in the first place. It took me 30 months to muster the courage and resources to drag this organization I worked for to the NIC. Somehow, someway, sometime, one has to fight for the right things the right way.

Speculation going round that zenith is appealing the ruling again. Golliat fall before small david...na so dem go fall.GOD rescue your people.

Jim Ovia will go and bribe the presiding judge with N10M and the case will die like that. No be naija we dey? SMH

^^^Exactly my sentiments.
We Nigerians always give-up too easily and Govt and Employers know this weakness and capitalize on it.
Every company has the right to "cut-cost" (of-course after the executives have squandered the money on buying cars and houses for themselves, and would be the same set of people that will make the "lower cadre staff" suffer for their gross incompetence! Double jeopardy!!) by reducing staff strength but for gawd sake, these are human beings, people with families to cater for!
Pay them their bleeding REDUNDANCY and stop being a "Corporate thief", Zenith Bank.

It has actually become a common denominator with Nigerian Banks, wetin?

Lastpage!

[color=#000099][/color] whoever likes,jim or emefiele or zenith,let him proceeds with the bribe or appeal, the battle will end exactly like goliat versus david by the special Grace of God in heaven.bcs they cheated these guys. i wonder why N10m, why not N30m? i guess this worths daily prayer.

Zenithbank is very wicked working for 10yrs without promotion.na wa only in naija shit lik dis happen.for d former employee that took them to court by God's grace u will get justice.if they like let them keep bribering publishing house not to report dis case they will stil loose the case.

Very badt!

WHAT IS THE STATUS OF THIS CASE?

The case is on, as zenith bank lawyer refused to come with defence of allegation against them. This is due the fact that they appeal the last judgement in NIC to another court. But the judge in NIC asked them to bring the defence, tht appealing did not stop her judgement.so the case move to april 25.

@ MoUTD. I am one of the infotech guys in zenith Bank Benin who was also affected. So what is the latest gist now? Did zenith really appeal the case? Can i get ur number? Mine is: 08039777129 kelly4top at yahoo.com