The National Industrial Court, on Friday dismissed a severance entitlement claim filed against Keystone Bank Limited by its ex-staff, Ogbeche Nnamdi, for lack of credible evidence and unmeritorious.
Justice Sinmisola Adeniyi delivering the judgment held that the claimant, Nnamdi failed to plead or establish his membership of the Association of Senior Staff of Banks, Insurance, and Financial Institutions (ASSBIFI) and therefore cannot rely on the collective agreement for his claims for severance benefits.
From facts, the claimant had contended that the termination of his employment over poor performance was unlawful and not in tune with his contract of employment.
This submission made through his counsel, I.L Ogor further maintained that he was not guilty of fraud, gross misconduct, or negligence as to deny him his severance benefits.
The counsel therefore urged the court to grant the reliefs sought by his client.
Responding, the defendant, however submitted that the termination of the claimant’s appointment was done in accordance with the contract of employment.
In addition, the defendant reiterated that the contract of employment outlined conditions that warranted payment of severance benefits, which the claimant did not meet, he therefore urged the court to dismiss the case.
Ogor maintained that his client accepting his salary in lieu of notice was not tantamount to his accepting the alleged invalid and unlawful termination which had thereby denied him of his severance benefits.
The court on its part however, after careful perusal of the submission of both parties, held that termination of the claimant’s appointment was not wrongful.
The court further said that there was no averment whatsoever as to the claimant being a member of ASSBIFI, and neither was any document tendered to prove that he was a member to enable him to benefit from its collective agreement.
Adeniyi further held that Nnamdi failed to establish how he came about the computation of the amount claimed and also failed to establish his entitlements to severance benefits and damages of his claims.
The court in conclusion dismissed the suit in its entirety for lack of credible evidence and for being unmeritorious.