Hon. Justice Rabiu Gwandu of the Lagos Judicial Division of the National Industrial Court has declared Mr Ebede’s retirement from the employment of the Exxon Mobil Corporation and Mobil Producing Nigeria Unlimited vide his letter of retirement dated 15th January 2018 as constructive dismissal.
Justice Gwandu stated that Mr Ebede has proved that he was victimised, and he has shown the Court that his family’s possessions have been withheld at the instance of the Exxon Mobil Corporation, and ordered the Exxon Mobil Corporation and Mobil Producing Nigeria Unlimited to pay Mr Ebede the sum of $387,280 Three Hundred and Eighty-Seven Thousand, Two Hundred and Eighty United States Dollars) being the insured value of all Mr Ebede’s belongings which were shipped to Nigeria from Dubai within 7 days.
However, the Court refused Mr Ebede’s claim of N114,992,096.00 (One Hundred and Fourteen Million, Nine Hundred and Ninety-Two Thousand, Ninety-Six Naira), equivalent to 32 months’ salary for forceful retirement, for being unclear, and failure to provide proof.
From facts, the Claimant- Mr Ebede’s had submitted that he was forced by the Exxon Mobil Corporation and Mobil Producing Nigeria Unlimited to resign from his employment with the Mobil Producing Nigeria Unlimited. His case is largely based on the alleged harassment he suffered while on secondment with Exxon Mobil Iraqi Limited.
Furthermore, Mr Ebede averred that upon his return to Nigeria, Exxon Mobil Corporation and Mobil Producing Nigeria Unlimited refused to facilitate the clearing of his personal belongings from the ports to prevent him from providing additional evidence to support his Report. Mr Ebede alleged that Exxon Mobil Corporation and Mobil Producing Nigeria Unlimited refused to release his shipping documents so that he could clear his goods by himself, and the incessant oppression, humiliation and unfair treatment by the firms forced him into retirement.
In defense, Exxon Mobil Corporation- 1st defendant argued that the offer of employment tendered by Mr Ebede only established his employment relationship with Mobil Producing Nigeria Unlimited. Exxon Mobil submitted that the further misconception by Mr Ebede, which may have led him to join Exxon Mobil Corporation as a party to the case was an erroneous belief that Mobil Producing Nigeria Unlimited is a subsidiary of the Exxon Mobil Corporation and that the two entities are the same.
Mobil Producing Nigeria Unlimited- 2nd defendant submitted that Mr Ebede’s action as currently constituted does not disclose any reasonable cause of action against the firm. The argument was premised on the fact that Mr Ebede had duly signed an Indemnity Certificate dated April 16, 2018, acknowledging the receipt of payment as the full and final settlement of any claim relating to his retirement.
Mobil Producing Nigeria Unlimited argued that indemnity renders the action incompetent, and Mr Ebede is therefore estopped or barred from raising any other claims in respect of the said entitlements in this matter.
Mobil Producing Nigeria Unlimited posited that the person whom Mr Ebede alleged harassed him is not a Mobil Producing Nigeria Unlimited employee, and urged the Honourable Court to dismiss the case.
In a well-considered judgment, the Presiding Judge, Justice Rabiu Gwandu held that any act done by the employees, officers, servants and agents of the company is attributable to the company.
Upon a scrupulous examination of Mr Ebede’s letter of employment, Justice Gwandu reiterated that the Court does not require the aid of a magnifying glass to see that the name Exxon Mobil stands advertised on Mr Ebede’s letter of employment like the Statue of Liberty in New York Habour, and Mobil Producing Nigeria Unlimited is a subsidiary of the Exxon Mobil Corporation.
The Court reiterated that the law does not allow the Exxon Mobil Corporation and Mobil Producing Nigeria Unlimited to deny their own document, and the Exxon Mobil Corporation cannot give oral evidence to contradict the contents of their own document.
The Court reasoned that Exxon Mobil Corporation and Mobil Producing Nigeria Unlimited did not dispute the accusation of forced retirement raised by Mr Ebede in the letter, which is sufficient ground to find constructive dismissal against the Exxon Mobil Corporation and Mobil Producing Nigeria Unlimited.
“From the evidence before me, I hereby find and hold that the actions/inactions of the 1st and 2nd Defendant that led up to his protested retirement amounted to constructive dismissal.” The Court ruled
