Union Bank Of Nigeria Plc V. Emmanuel Aderewaju Soares (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment)

This is an appeal and cross appeal against the Judgment of the Lagos State High Court delivered by Hon. Justice Dolapo Akinsanya on 22nd January, 1999 wherein the learned trial Judge declared the dismissal of the Respondent by the Appellant irregular and wrongful and consequently awarded him his outstanding salary and allowances from October 1992 to July 13, 1993.

The Respondent, who was the Plaintiff at the court below was employed by the Appellant on October 8, 1979 as a Clerk and he worked in various departments of the Bank and rose to the position of an Officer before the dismissal later dated 14th October, 1992 was served on him.

Prior to the issuance of the letter of dismissal, the Respondent led what the Appellant termed “an illegal strike action” against the Appellant which lasted for six days despite being persuaded and warned by the Appellant’s management and the recognized parent body of the Appellant’s Employees Association to refrain from embarking on such a strike action. Following the dismissal of the Respondent and some other members of staff of the Appellant, they wrote Exhibit ‘M’ captioned “Letter of Apology” to the Appellant. Based on this letter of apology, the Appellant gave them an opportunity to resign their appointments so as to enjoy their gratuity and pension.

Others accepted this condition and resigned. The Respondent however refused to resign. Rather, he filed the suit giving birth to this appeal. The claim of the Respondent was for the following reliefs:-

“(a) A declaration that the Defendant’s dismissal of the Plaintiff from its employment is unlawful, illegal, null and void and of no effect whatsoever same having been done contrary to the rules of natural justice and the provision of the main collective agreement.

(b) The sum of N2,438,006.62 (two million, four hundred and thirty eight thousand and six naira, sixty two kobo) being damage for breach of contract of employment by the Defendant in its letter to the Plaintiff dated 14th December, 1992.

ALTERNATIVELY

(c) A declaration that the Plaintiff is still in the Defendant’s employment.

(d) An order that the Defendant do pay the Plaintiff all his outstanding salaries and entitlements from 1st October, 1992 to the date of Judgment”.

At the trial, the Respondent testified for himself while two witnesses testified for the Appellant. The Respondent had, during the trial admitted that as a senior staff of the Bank he could not belong to the Association of Banks & Insurance Employees. He also admitted belonging to a splinter group of the union that embarked on the strike action which splinter group was not recognized by the Appellant or by the parent body of the union.

At the end, the learned trial Judge reviewed the evidence at her disposal and entered Judgment in favour of the Respondent, finding his dismissal as irregular and wrongful and awarding him all his outstanding salaries and entitlements from 1st October, 1992 till 13 July 1993 with costs of N3,500.00 to the Respondent.

Dissatisfied with the said Judgment, the Appellant filed a Notice of Appeal on 22nd February, 1999 which notice has four grounds of appeal. Thereafter, the Appellant filed an Amended Notice of Appeal on 5th November, 2001 with the leave of court. Five issues are distilled for the determination of this appeal. The five issues are:-

“1. Whether the learned trial Judge was right in holding that Exhibit E governs the terms and conditions of employment of the Respondent