Court Orders UBA To Pay Austin Okafor 2yrs Current Ass. Manager Salary For Wrongful Employment Termination

The Presiding Judge Portharcourt Judicial Division of the
National Industrial Court, His Lordship, Hon. Justice Faustina
Kola-Olalere has declared the constructive employment termination
of Austin Okafor from UBA on November 2006 as wrongful, ordered the
bank to pay Austin 2 years’ salary of an Assistant Manager at the
current rate in the Bank for the wrongful employment termination
within 60 days.

The Court further ordered the UBA to de-freeze or remove the
lien placed on Austin’s account with the bank, awarded the sum of
N5 million as general damages.

From facts, the claimant- Austin Okafor had pleaded that
sometime in 2006 he got a call that his service was no longer
needed and was asked to resign which he refused and his employment
has not been terminated till date.

He submitted further that the bank stopped payment of his salary
and also freeze his account making it impossible for him to access
his account sought for the sum of N50 million damages for mental
pain, agony, and hardship being suffered from the said unlawful
account freezing among others.

In defense, the bank averred that Austin’s was asked to resign
and obtain the necessary final exit clearance so as not to
experience any difficulties in getting another Banking job as he
may desire, but refused and decided to stay away until the bank was
forced to treat his absence as a voluntary termination.

The firm counsel Helen Ovonlen (Mrs.) with Elijah Tutu submitted
that Austin refusal to comply with the condition precedent to
commence the suit has robbed the court of the jurisdiction to
entertain the matter that the bank has done all it’s required to do
in the circumstances with payment of salary in lieu of notice and
severance package that the allegation that he (Austin) was unable
to operate his salary account from November 2006 till date because
the same was frozen is completely false.

The defendant pleaded that the Claimant refused to go through
the mandatory exit clearance process that a lien was placed “only
on the gratuitous payment credited” into the claimant’s account
with the bank pending the completion of his exit clearance process,
urged the court to dismiss the case for lacking merit.

In opposition, the Austin Counsel E. I. Aman Esq maintained that
his client appointment has not been terminated that the bank could
not point to any provision to justify their claim, urged the court
to grant all the reliefs sought.

Delivering the Judgment via virtual proceeding, the presiding
Judge, Justice Kola-Olalere held that no evidence before the Court
shown that the Austin Okafor employment with the bank was
determined through any of the ways provided for in the contract
agreement that Austin’s was not an ex-staff of the bank when the
action commenced at the Rivers State High Court to be required to
comply with the condition precedent in the contract agreement.

Justice Kola-Olalere also held that placing lien, restriction,
or embargo on Autin’s only salary account pending the mandatory
exist clearance was in breach of the terms and conditions governing
his employment.

“I hereby direct the defendant to pay to the claimant, two
years’ salary of an Assistant Manager at the current rate in the
defendant/Bank for the wrongful constructive termination of his
employment that was never communicated to him.

“In the instant case, I agree with the claimant that he has
suffered a great loss when he was deprived of the use of the money
in his account; thereby frustrated, put in mental pain, anguish and
untold hardship. Consequently, I hold that it is wrongful and in
fact unlawful of the defendant to have frozen or put a lien on the
claimant’s account with the Bank.” Justice Kola-Olalere.

The Presiding Judge Portharcourt Judicial Division of the
National Industrial Court, His Lordship, Hon. Justice Faustina
Kola-Olalere has declared the constructive employment termination
of Austin Okafor from UBA on November 2006 as wrongful, ordered the
bank to pay Austin 2 years’ salary of an Assistant Manager at the
current rate in the Bank for the wrongful employment termination
within 60 days.

The Court further ordered the UBA to de-freeze or remove the
lien placed on Austin’s account with the bank, awarded the sum of
N5 million as general damages.

From facts, the claimant- Austin Okafor had pleaded that
sometime in 2006 he got a call that his service was no longer
needed and was asked to resign which he refused and his employment
has not been terminated till date.

He submitted further that the bank stopped payment of his salary
and also freeze his account making it impossible for him to access
his account sought for the sum of N50 million damages for mental
pain, agony, and hardship being suffered from the said unlawful
account freezing among others.

In defense, the bank averred that Austin’s was asked to resign
and obtain the necessary final exit clearance so as not to
experience any difficulties in getting another Banking job as he
may desire, but refused and decided to stay away until the bank was
forced to treat his absence as a voluntary termination.

The firm counsel Helen Ovonlen (Mrs.) with Elijah Tutu submitted
that Austin refusal to comply with the condition precedent to
commence the suit has robbed the court of the jurisdiction to
entertain the matter that the bank has done all it’s required to do
in the circumstances with payment of salary in lieu of notice and
severance package that the allegation that he (Austin) was unable
to operate his salary account from November 2006 till date because
the same was frozen is completely false.

The defendant pleaded that the Claimant refused to go through
the mandatory exit clearance process that a lien was placed “only
on the gratuitous payment credited” into the claimant’s account
with the bank pending the completion of his exit clearance process,
urged the court to dismiss the case for lacking merit.

In opposition, the Austin Counsel E. I. Aman Esq maintained that
his client appointment has not been terminated that the bank could
not point to any provision to justify their claim, urged the court
to grant all the reliefs sought.

Delivering the Judgment via virtual proceeding, the presiding
Judge, Justice Kola-Olalere held that no evidence before the Court
shown that the Austin Okafor employment with the bank was
determined through any of the ways provided for in the contract
agreement that Austin’s was not an ex-staff of the bank when the
action commenced at the Rivers State High Court to be required to
comply with the condition precedent in the contract agreement.

Justice Kola-Olalere also held that placing lien, restriction,
or embargo on Autin’s only salary account pending the mandatory
exist clearance was in breach of the terms and conditions governing
his employment.

“I hereby direct the defendant to pay to the claimant, two
years’ salary of an Assistant Manager at the current rate in the
defendant/Bank for the wrongful constructive termination of his
employment that was never communicated to him.

“In the instant case, I agree with the claimant that he has
suffered a great loss when he was deprived of the use of the money
in his account; thereby frustrated, put in mental pain, anguish and
untold hardship. Consequently, I hold that it is wrongful and in
fact unlawful of the defendant to have frozen or put a lien on the
claimant’s account with the Bank.” Justice Kola-Olalere.