The National Industrial Court, Uyo Judicial Division, has declared the termination of Mr Ifiok Ekpesidem Idiyang’s employment by Port Harcourt Electricity Distribution (PHED) wrongful, ruling that the company failed to follow the procedure required under its conditions of service before ending his employment.
In a judgment delivered by the Presiding Judge, Hon. Justice Salisu Hamisu Danjidda, the Court ordered PHED to pay Idiyang ₦1.1 million in general damages, representing his basic salary for three years, within 30 days.
The Court held that PHED failed to provide evidence that it investigated the alleged underperformance, issued the required warnings, placed him on a performance improvement programme or gave him a fair hearing before terminating his employment.
According to the facts of the case, Idiyang was employed by PHED in 2013 and had his employment confirmed in 2015. He said he served the electricity company diligently for about nine years, with his performance appraisal consistently recording scores of not less than 80 per cent.
Idiyang told the Court that his employment was terminated on the grounds of consistent underperformance and inability to meet targets, despite his claim that he had never violated the terms of his employment.
He also maintained that PHED terminated his employment without affording him a fair hearing as required by the company’s conditions of service.
In its defence, PHED stated that Idiyang’s employment was terminated because of his consistent underperformance and inability to meet set targets.
The company said Idiyang’s performance was evaluated and that queries were issued to him over his alleged underperformance. PHED also argued that, having paid Idiyang his full entitlements upon termination, the Court could not order his reinstatement and that the monetary claims he sought had not been proved.
However, Idiyang’s counsel, Ekusua Ekong, argued that PHED failed to establish the alleged underperformance or show that his client was given a fair hearing in line with the company’s conditions of service before his employment was terminated.
Ekong urged the Court to grant the reliefs sought by his client.
In his judgment, Justice Danjidda held that the relationship between Idiyang and PHED was governed by their contract of employment and the electricity company’s conditions of service.
The Judge said both parties were bound by the terms of their agreement, which the Court could not rewrite.
Justice Danjidda held that PHED failed to establish that it complied with the procedure prescribed under its conditions of service before terminating Idiyang’s employment.
The Court noted that the conditions of service required the company to investigate the alleged underperformance, issue appropriate warnings, provide a performance improvement programme and afford the employee a fair hearing before termination.
Justice Danjidda further held that there was no evidence before the Court that Idiyang’s alleged underperformance was investigated to determine whether it resulted from incapacity or attitude.
The Judge also noted that there was no evidence of warnings, performance improvement programmes or disciplinary proceedings as contemplated by PHED’s conditions of service.
The Court therefore held that the termination of Idiyang’s employment on the ground of underperformance, without giving him an opportunity to be heard, was not justified and was therefore wrongful.
The Court awarded Idiyang ₦1.1 million in general damages, representing three years’ basic salary, and ordered PHED to pay the amount within 30 days.
