In a landmark ruling, Hon. Justice Anthony Ubaka of the Lagos Judicial Division of the National Industrial Court has declared the dismissal of Mr. Joseph by Coca-Cola Hellenic Bottling on January 18 and 26, 2021, wrongful and illegal.
The dismissal, according to the court, violated Joseph’s right to a fair hearing and breached the terms of his employment contract with the company.
Justice Ubaka ordered the company and its affiliates to pay Joseph his full entitlements, including one year’s salary as damages for the unlawful termination, within 30 days.
The court highlighted that the company’s actions, which included barring Joseph from presenting a witness, indicated a predetermined decision to dismiss him. The judge emphasized that a disciplinary hearing should not be used to punish an employee but to provide a fair opportunity for them to defend themselves. The court further ruled that Joseph was entitled to all emoluments as outlined in his contract of employment, effective from the start of his employment on July 11, 2018, until his wrongful dismissal on January 18, 2021.
Joseph, the claimant, had argued that he was performing his duties excellently without any prior warnings or complaints. He claimed that the summary hearing held against him was a setup aimed at dismissing him without cause. He urged the court to grant his reliefs.
In defense, Coca-Cola Hellenic Bottling and its affiliates argued that they had the right to dismiss Joseph on grounds of gross misconduct and that he had been provided a fair hearing. They dismissed his claim of being denied the chance to call a witness as a mere afterthought, requesting the court to dismiss the case.
However, the claimant’s legal team, led by Toyin Pinheiro (SAN) and assisted by Emmanuel Bwala and D.Y. Omosanya, insisted that the principles of fair hearing were not followed and called for justice in the case.
In delivering the judgment, Justice Ubaka reiterated that when an employee faces allegations of misconduct, the employer must demonstrate that the dismissal was lawful. The court noted that Coca-Cola Hellenic Bottling’s failure to issue a query or allow Joseph a chance to respond before his dismissal made the process unlawful. The judge described the company’s actions as akin to arriving at a conclusion without due process, likening it to producing results before taking an exam.
Justice Ubaka concluded that Joseph’s dismissal could not be lawful without following the proper procedure, which includes issuing a query and allowing a fair opportunity to respond to the query. .
