The British Nigerian Academy has been ordered to pay Rita Ienber the sum of N97,818.00 (Ninety Seven Thousand Eight Hundred and Eighteen Naira) as three months’ salary in lieu of notice; N17,000.00 (Seventeen Thousand Naira) caution deductions; N72,000.00 (Seventy Two Thousand Naira) unpaid four years leave allowances; N98,983.3k (Ninety Eight Thousand Nine Hundred and Eighteen Naira)
The Court determined that Rita Ienber’s purported dismissal was not in accordance with the conditions of service because no required notice of termination or payment in lieu of notice was given, and the disciplinary committee did not recommend termination of Rita Ienber’s employment as required by the conditions of service.
According to the facts, the claimant, Rita Ienber, was never issued a letter of dismissal by the British Nigerian Academy, but was verbally dismissed by the Principal in clear violation of the terms and conditions of service, and she was never confronted with any allegations of misconduct or fraud or invited to appear before any panel prior to her wrongful dismissal.
The defendant, British Nigerian Academy, argued in defense that Rita Ienber’s dismissal was valid and in accordance with established procedures, and that the dismissal was done in writing; counterclaimed for N750,000 in rental value equivalent to the Defendant’s accommodation provided for the claimant from September 2015 to February 2017.
Counsel also argued that an employee who lives in the School’s housing is not entitled to the rent allowance, and that Rita Ienber has been receiving double accommodation benefits since September 2015 by living in the Defendant’s housing and receiving Rent allowance at the same time.
The Rita’s learned counsel argued that the school violated the parties’ terms and conditions of service governing their employment relationship, and urged the court to grant the reliefs requested.
After carefully evaluating both parties’ submissions, the presiding Judge, Justice Sanusi Kado, delivered the judgment, holding that there were no disciplinary measures taken in terms of establishing a disciplinary committee, and that the action taken could not be said to be within the purview of dismissal.
Rita Ienber’s employment was terminated, not dismissed, by virtue of exhibit DWAA, and she was not served with any letter of dismissal or termination, but she learned of her dismissal, which is why she stayed away from work.
The Court decided that Rita Ienber’s terms of employment required her to be terminated only with the approval of the director or school principal, based on the recommendation of the disciplinary committee formed to investigate the matter.
The British Nigerian Academy’s counterclaim was dismissed because it lacked merit.
