Hon. Justice Anthony Ubaka, presiding over the Lagos Judicial Division of the National Industrial Court, has ruled that the summary dismissal of Mabel by United Bank for Africa (UBA) was unlawful. Justice Ubaka emphasized that Mabel was not granted a fair hearing, and any proceedings without this crucial element are rendered null and void.
The court criticized UBA’s actions, comparing them to attempting to achieve a result before even conducting a proper investigation. Justice Ubaka ordered the bank to pay Mabel one month’s salary in lieu of notice, along with N200,000 for legal costs, to be paid within 30 days.
Mabel had argued that the reports used to justify her dismissal were based on unfounded assumptions, and the bank failed to provide the necessary police investigation report for the court to assess whether due process had been followed. Her legal team argued that the dismissal was not in line with UBA’s official staff policies and that the process lacked fairness, causing significant harm to Mabel’s reputation.
In defense, UBA argued that Mabel’s dismissal was based on gross misconduct and adhered to the terms of her contract. However, Mabel’s counsel, led by E.I. Alosiba and E.O. Okpomo, contended that the disciplinary panel had pressured Mabel into submission, denying her the chance to defend herself. They argued that Mabel was not provided with adequate reasons for her dismissal.
After reviewing both sides, Justice Ubaka concluded that UBA had failed to demonstrate that the dismissal was lawful. The judge noted that Mabel was not given a chance to present her side of the story. The court found that UBA had failed to issue a query to Mabel before taking action, which is a necessary step in any dismissal process.
The judge further stated that dismissing an employee without giving them an opportunity to defend themselves before the disciplinary committee undermines the fairness of the process. As a result, the dismissal was ruled unlawful, and the bank was ordered to compensate Mabel.
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