The National Industrial Court has ordered an airline, Azman Air, to pay a pilot the sum of N14 million as outstanding salaries and damages following the termination of his employment.
Justice Mahmood Namtari of the Kano Division of the court on Tuesday ordered Azman Air to pay its former Line Captain, Mr Mahmoud Abubakar, the sum of N9 million being unpaid salaries for three months in 2020, the sum of N2.4 million being the balance of one month’s salary in lieu of notice, and N3 million as damages for wrongful termination within 30 days.
The judge held that Azman Air failed to justify the reason given for terminating the employment of Mr Abubakar and that the termination was wrongful for failure to establish a valid reason in accordance with settled judicial authorities and the Termination of Employment Convention.
He also stated that Azman Air did not comply with the agreed termination clause contained in the contract of employment by terminating the pilot’s employment with immediate effect, contrary to the requirement that the payment should accompany the termination.
According to available court documents, Mr Abubakar submitted that despite rendering his services faithfully, the company owed him salaries for three months in 2020, paid only part of his salary in lieu of notice, wrongfully terminated his employment, and falsely portrayed him as having been dismissed for indiscipline and promotion of anarchy through publications.
Abubakar also stated that the publication was false, defamatory and damaging to his professional reputation, and accused Azman Air of blacklisting him within the aviation industry which made other airlines to refrain from employing him.
In its defence however, Azman Air admitted employing Abubakar as a Line Captain but stated that the COVID-19 pandemic compelled it to review the salaries of all pilots downwards, including that of Abubakar.
The airline added that it lawfully terminated his employment in accordance with the terms of his appointment by paying one month salary in lieu of notice based on the reviewed salary structure.
It denied owing Abubakar any outstanding salaries or authorising any defamatory publication against him, and insisted that the newspaper reports relied upon by him were not issued by the company.
It equally denied blacklisting him within the aviation industry, and maintained that recruitment of new pilots after Abubakar’s disengagement was a routine operational decision unconnected with his termination.
Delivering judgment, Justice Namtari held that the reason contained in the termination letter issued to Abubakar was not established by credible evidence, and found that apart from internal memoranda referring to the effects of the COVID-19 pandemic, Azman Air failed to produce evidence showing the developments within the company that necessitated the termination of the pilot’s appointment.
The judge further stated that the advertisement published by Azman Air shortly after the disengagement of Abubakar for the recruitment of new pilots contradicted the company’s contention that prevailing economic realities required a reduction in the number of pilots in its employment.
The judge found no evidence that Abubakar accepted the salary review and held that an internal memo or requisition could not constitute or create a contractual obligation.
On the defamation claim, the judge held that to succeed in an action for defamation, Abubakar must establish that the defamatory words were published by or at the instance of the defendant, that the defendant denied authoring or authorising the publications, and the publishers were neither joined nor called as witnesses.
