The Presiding Judge, Benin Judicial Division of the National Industrial Court, Hon. Justice Aduola Adewemimo has declared the forceful resignation and constructive dismissal of Engineer Godwin as wrongful, oppressive and a violation of International Labour Standards and unconstitutional.
The Court ordered the Communication Energy to pay Engineer Godwin the sum of N3 million as general damages and one month’s salary in lieu of notice for forceful resignation/constructive dismissal within 60 days.
From facts, the claimant, Engineer Godwin had submitted that he signed a resignation letter under duress for no justifiable reason and without fair hearing. He further alleged that the Communication Energy firm took this action after it had trained some unskilled workers to replace its senior staff, in a bid to reduce its wages.
In defence, the defendant- Communication Energy denied the allegation of inhuman and unfair treatment of their staff and maintained that Engineer Godwin voluntarily resigned his appointment with them, and was not forced.
The defendant witness denied the allegation that the firm trained some unskilled workers to replace senior staff in order to reduce its wages.
Counsel to the firm argued that the allegation that Engineer Godwin and others were subjected to an inhumane working condition by the firm was not backed up with evidence, and there is nothing before the court to show that Engineer Godwin is suing in a representative capacity.
In opposition, Engineer Godwin’s Counsel, R. O. Okpiavbe Esq submitted that his client’s right to dignity and fair hearing were seriously trampled on by the defendant in the course of his employment, and he is entitled to compensation. Counsel noted that there is evidence before the court that the claimant was never issued any query before he was coerced, intimidated and disgraced out of the company, and he was denied fair hearing.
Counsel argued that whether the contract of service is purely that of master and servant, the dignity of human life is sacrosanct and cannot be eroded. Counsel urged the court to grant the reliefs sought.
Delivering judgment after careful evaluation of the submission of both parties, the Presiding Judge, Justice Adewemimo reasoned that Communication Energy proffered inadequate evidence to prove that Engineer Godwin’s resignation was voluntary, that the resignation letter ought to have been produced by its custodian as a rebuttal to the claimant’s case.
The Court held that the Communication Energy’s failure to produce Engineer Godwin’s resignation letter can only lead to one presumption in law, which is that, if the letter had been produced, it would be unfavourable to the defendant’s case.
The allegation levied against the Communication Energy is forced resignation, which is tantamount to constructive dismissal under employment law.
Justice Adewemimo held that the oral and documentary evidence before the court constituted sufficient evidence to conclude that Engineer Godwin was constructively dismissed from Communication Energy employment, which is a clear contravention of all known labour laws and international best practice in any employment relationship.
