His Lordship, Hon. Justice Paul Bassi of the National Industrial Court sitting in Lagos has nullified the purported termination of Mr. Samuel Yunana’s employment from Daltrade Nig. Limited; ordered for his immediate reinstatement as Managing Director with payment of all his salary arrears at the rate of N500,00.00 per month from August 2016 till date without any loss of entitlements and privileges within 30 days.
The court held that Daltrade Nigeria Limited did not comply with extant procedures as contained in the Company and Allied Matters Act before the purported removal of Mr. Yunana from office.
From fact, the claimant- Mr. Samuel Yunana had submitted that the procedure adopted for his dismissal was defective, urged the court to grant the reliefs sought.
In response, the firm averred that Mr. Yunana was given a fair hearing and the company acting through its Board of Directors reserves the power to review its relationship with the claimant which it did lawfully, and Mr. Yunana admitted that he attended the meeting where the resolution for termination of his appointment was passed, urged the court to dismiss the case.
Delivering the judgment, After listening to the submissions of both parties, delivering the judgment, the presiding Judge, P.A Bassi held that the failure of the defendant to send Mr. Yunana the requisite notice as required in CAMA 2004 in matters of removal of an employee whose employment has statutory flavour has rendered its action invalid, null and void.
