The National Industrial Court has ordered the immediate Reinstatement of Samuel Yunana, the Managing Director of Daltrade Nigeria Limited.
The court ordered the firm to pay the claimant (Mr Yunana) monthly salary arrears at the rate of N500,000.00 per month from August 2016 to date without any loss of entitlements and privileges within 30 days.
In his ruling, Justice Paul Bassi held that the defendant, (Daltrade Nigeria Ltd), did not comply with extant procedures contained in the Company and Allied Matters Act (CAMA) before removing the claimant from office.
What happened in court
Mr Yunana was employed by Daltrade Nigeria Limited10 years ago as a junior staff and had worked for 10years and eight months until March 6, 2010, when he was appointed Managing Director.
He acted in that capacity for six years and four months until he was dismissed from his position in August 2016.
Mr Samuel had told the court that the procedure adopted for his dismissal was defective, urging the court to grant his reliefs sought.
While accounting to the court, he said he was employed as a gateman, before he grew up through the ladder and was eventually appointed as Managing Director of the company.
He claimed he had not been treated fairly as the company served him a letter of dismissal at a Board Meeting.
Daltrade in response 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. Daltrade urged the court to dismiss the suit.
Mr Yunana admitted to the court that he attended the meeting where the resolution for termination of his appointment was passed, urging the court to dismiss the case.
In his judgement, Justice 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.
Justice Bassi ordered for Mr Yunana’s immediate reinstatement as Managing Director with payment of all his salary arrears at the rate of N500,000.00 per month from August 2016 to date without any loss of entitlements and privileges within 30 days.
“All monetary awards are to be complied with within 30 days, failure of which they would attract simple interest of 10% until liquidation,” the judge held.
