MR. T.K. Balogun V. Union Bank Of Nigeria PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment)

The appeal in these proceedings was against the judgment of the Oyo State High Court delivered by Hon. Justice W.K. Olaifa on 20/2/2012 wherein the claims of the appellant in relation to his employment were dismissed.

In his claims endorsed on his statement of claim, the appellant sought the following reliefs against the respondent viz:

1. DECLARATION that the plaintiff?s suspension and subsequent dismissal from employment of the defendant vide a letter dated 11th June 2003 is wrongful, invalid unconstitutional and constitutes a breach to the plaintiff?s right to fair hearing and contract of employment.
2. DECLARATION that the plaintiff is entitled to all his pecuniary entitlements from 31st January, 2012 to 11th June, 2003 being the period of the plaintiff suspension and thereafter from the said date of dismissal until the judgment is delivered.
3. AN ORDER directing the defendant to pay to the plaintiff all his entitlements from 31st January, 2003 until the date of judgment and thereafter until the judgment is liquidated.

?The facts

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of the case as could be gleaned from the pleadings and evidence and the findings of the Court were as follows:-

The appellant was employed by the respondent bank as a messenger in 1985 and over time rose to the position of chief clerk in the defendant bank by promotion. The appellant was issued with a number of query on account of incidents that the respondent considered misconduct. Some of these instances were identified by the trial judge from the evidence as including:

1. Knowingly over-drawing his account
2. Exceeding his medical bills
3. Taking medical care concurrently at different hospitals of Ibadan and Ijebu-ode against Bank?s Policy.
4. Absent from duty without permission
5. Negligence in performance of official duties.

The instances referred to above and borne out of evidence was found by the trial judge are shown in Exhibit 18 – 31 consequent upon these misconducts and particularly the event of 6/1/2002 wherein the appellant was alleged to have procured false invoices as purchase receipts for drugs for his wife shown on Exhibit 11 as the proximate cause, the respondent by letter of 15th February 2002

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suspended the appellant from duty and subsequently by letter of 11th June 2003, respondent dismissed the appellant from its service.

Appellant’s contention was that his dismissal was in breach of the collective Agreement which his Union National Union of Bank, Insurance and Financial Institutions Employees (NUBIFE) has with the respondent.

After an extensive review of the facts and the documentary exhibits the learned trial judge held that the acts of the appellant as highlighted in Exhibits 18 – 31 could not be justified and could be harmful for the smooth operation of the respondent bank.

In the judgment, the trial judge said ?evidence before me portrays the plaintiff as a recalcitrant offender who was given queries, and warnings for his behavior during the period of his employment” and that where an employee misconduct undermines the relationship or confidence which existed or should exist between him and his employer, that was sufficient to get rid of such employee. For all the reasons given, the trial Court dismissed the claims of the appellant.

Being dissatisfied with the judgment, the appellant by notice of appeal filed