Justice Sanda Yelwa of the National Industrial Court, Lagos Division, has ruled that the termination of one, Bodunrin’s employment by Chi Limited was wrongful and contrary to the terms of his contract.

In a judgement, the judge held that once parties reduced the terms of employment into writing, they are strictly bound by those terms. Justice Yelwa stressed that any termination must fully comply with the provisions outlined in the contract of employment and the employee handbook.

The court awarded Bodunrin N2 million as general damages for wrongful termination and N200,000 as costs of action. It also ordered him to return any company property in his possession or pay its assessed market value.

Bodunrin had argued that the allegations of misconduct against him were unfounded and unsupported by evidence. He maintained that the disciplinary committee proceedings were biased and that his employment was terminated without just cause or adherence to agreed procedures. In its defence, Chi Limited contended that it acted within its contractual rights and that the termination was lawful and consistent with the Code of Conduct.

However, Bodunrin’s lawyer argued that the alleged breaches were never proven and that the termination letter took immediate effect without the required 30 days’ notice or payment in lieu of notice, as stipulated in the letter of appointment and the employee handbook.

Counsel urged the court to declare the dismissal wrongful. In its judgement, the court reiterated that although employers have the authority to discipline employees, any reason given for termination must be substantiated before the court. Justice Yelwa found that the alleged violations of the code of conduct were not satisfactorily proven.