CORAM

DAHIRU MUSDAPER, JUSTICE, SUPREME COURT

PARTIES

MR KUNLE OSISANYA. APPELLANTS

 AFRIBANK NIGERIA PLC RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant was suspended from the employment of the respondents as a result of a petition written against him by two members of National Union of Banks, Insurance & financial Institution employees. The petitioned was later withdrawn and the respondent refused to recall the appellant. The appellant sue for wrongful termination and re-instatement.

HELD

It was  held that dismissal of an employee in a master servant relationship cannot be declared null and void.

ISSUES

1. Having regard to the lower courts decision that the dismissal of the appellant by the Respondent was wrongful was the court right in awarding him one month’s salary in lieu of notice and his salaries and entitlements up to the date of his wrongful dismissal.2. Could the dismissal or termination of the appellant from the employment of the Respondent affect his privileges, rights, benefits and status as a shareholder in the respondent’s company in view of the provisions of the Companies and Allied Matters Act.

RATIONES DECIDENDI

MEASUREMENT OF DAMAGES FOR DISMISSAL OF AN EMPLOYEE

The law is that a servant would only be paid for the period he served his master and if he is dismissed as in this case, although wrongfully all he gets as damages is the amount he would have earned if his appointment has been properly determined…OGUNTADE JSC

CASES CITED

In Interna-tional Drilling Company (Nigeria Limited v. Moses Eyeimofe Ajijola [1976] 2 S.C. 64Western Nigeria Develop-ment Corporation v. Jimoh Bimbola (1966) NMLR 381Nigeria Produce Marketing Board v. A.I. Adewunmi (Pt. 2) (1972) 1 All NLR 433Francis Adesegun Katto v. C.B.N. [1999] 7 NWLR (Pt. 607) 390

STATUTES REFERRED TO

None

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