By Desire Emmanuel
The National Industrial Court has quashed the suspension as well as the dismissal of an employee of Kaduna Electricity Distribution Company, Mr Sunday Amen, describing the decisions of the company as wrongful.
Justice Alkali held that the indefinite suspension and subsequent dismissal of Mr Ameh were done in breach of fair hearing and contrary to the provisions of the company’s disciplinary procedures as contained in its Employees’ Conditions of Service.
According to court documents, Mr. Ameh disclosed that he was first employed by the defunct National Electric Power Authority (NEPA) and later by the Power Holding Company of Nigeria (PHCN) before being absorbed by Kaduna Electric in 2015.
He added he was accused of an offence by the company’s management, an allegation he said he denied. After denial of the allegation, he was suspended and later summarily dismissed.
He therefore contended that his dismissal was unlawful, as he was never found guilty by any panel, and the punishment imposed was not recognised under the company’s disciplinary code.
Kaduna Electricity Distribution, through its counsel, told the court that Mr Ameh admitted to the allegation, adding that the company followed due process and acted within its right to dismiss him in accordance with its Conditions of Service.
But counsel for Mr Ameh, Emmanuel Agwungwu, argued that the offences alleged did not warrant dismissal and that his client, being a first-time offender, could only have been given a minor sanction under the company’s Sanction Grid. Therefore, the counsel urged the court to grant the reliefs sought in the interest of justice.
Giving his judgment, Justice Alkali held that the indefinite suspension of Mr. Ameh without pay was contrary to the company’s rules which limit such measures to a specific period and require a definite conclusion.
The judge further found that the Kaduna Electricity Distribution failed to establish that the disciplinary procedure set out in the company’s rules was duly followed before the dismissal of Mr Ameh from service.
Justice Alkali declared that Kaduna Electricity Distribution’s action, having been done without proper investigation and outside the permissible sanctions, was wrongful and contrary to the company’s policy.
He held that Mr. Ameh’s termination was wrongful and directed the company to pay him all outstanding salaries for the period of his suspension, together with interest and general damages for the unlawful termination.
