Terminal Benefit: Court Interprets Ex-Staff Purported Retirement To Resignation

His Lordship, Hon. Justice Elizabeth Oji of the National
Industrial Court sitting in Lagos has dismissed Mr Isaiah Jiringho
terminal benefit claims against First Bank for lacking merit.

The court held that Mr. Isaiah payment of one month salary in
lieu of notice and immediate handover is not a requirement under
handbook for retirement but for termination/resignation.

The claimant – Mr Isaiah served as Deputy Manager before his
written retirement letter in July 2015 via the window for the
Voluntary Early Retirement Scheme with Incentives.

He maintained further that the applications of all his
colleagues who applied were approved but his application was denied
and the notice of denial was not communicated to him until 27th of
October, 2016 well over a year after he had retired from the
service urged the court to grant his relief.

The defendant stated that the claimant’s request for voluntary
early retirement made was completely alien to his terms of
employment, having not attained the age of 55 years nor met 30
years’ service benchmark and because the application was not
brought within the window time, that upon resignation, claimant
paid one month salary in lieu in accordance with his terms of
employment.

Mr Isaiah argued that the bank handbook allowed him to
voluntarily retire by the use of the phrase “or at his/her own
discretion” and still be entitled to all the benefits of early
retirement.

Delivering judgment, the trial Judge, Justice Oji held that
claimant was not qualified under either of the provisions of the
handbook and consequently not qualified for the early retirement
benefits.

“To suggest that the phrase ‘at his/her own discretion’ implies
that one could retire at any age outside that already stipulated,
and still enjoy the benefits of the two classified ones, would lead
to an absurd situation.” Justice Oji ruled

In all, the court found that claimant’s exit from the defendant
was a resignation of his appointment and that claimant has not
established his entitlement to the reliefs sought.