Termination of appointment of hotel staff unlawful, says National Industrial Court

Peter Fowoyo

A Judge of the National Industrial Court, Hon. Justice P.A Bassi, has judged that the termination of appointment of a hotel staff is unlawful. Justice P.A Bassi held in his judgment Suit No. NICN/LA/386/2016 delivered on 11/12/2018 between MRS. PHOEBE AWANGE and ELION HOUSE LIMITED that the Defendant Hotel, ELION HOUSE LIMITED, unlawfully terminated the appointment of MRS. PHOEBE AWANGE on the grounds that her employers ELION HOUSE LIMITED did not give her fair hearing. The defendant by a letter of 30/4/2016 purportedly terminated the appointment of the Claimant for ‘poor performance in service delivery’. Mrs Moyinoluwa Ologure-Adebayo, leading Messers Adedamola Lanre Olaotan and Amodu Bolajoko argued on behalf of the Claimant that failure on the part of the Defendant to explain to her what constitutes ‘ poor performance in service delivery’ amounts to a violation of the fundamental right of the Claimant to a fair hearing.
The court in agreeing with the submissions of the Claimant’s Counsel relied at page 18 of the certified true copy of the judgment, on the case of BRITISH AIRWAYS -V- MAKANJUOLA (1992) 8 NWLR (PART 311) @PAGE 276, where it was Held that ‘ It is trite law that where a servant is alleged of wrongdoing and he faces the risk of losing his job or faces other disciplinary measures on account of that wrongdoing, he must be given an opportunity to defend himself……’. The court further held that, if any wrongdoing is cited in what purports or pretends to be a termination, the employee must be accorded fair hearing. The court also ordered the Defendant to pay her entitlements as indicated in their policy.