Download PDF
FOOTWEAR, LEATHER, RUBBER AND ALLIED PRODUCTS SENIOR STAFF ASSOCIATION AND MANAGEMENT OF BATA NIGERIA LIMITED (NATIONAL INDUSTRIAL COURT) H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT S.O. KOKU,ESQ. MEMBER ALHAJI Z.M. BELLO MEMBER SUIT NO: NIC/6/84 DATE OF JUDGMENT TUESDAY, 23RDJULY, 1985 LABOURLAW Trade dispute - Allegation against employee - Employee against whom s; allegation has been made by his employer-Duty thereon to defend himself – Whether failure to defend himself amounts to admission of guilt of the allegation. TRADE DISPUTE Allegation against employee - Employee against whom serious allegation employer - Duty thereon to defend himself Whether failure to defend himself amounts to admission of guilt of the allegation. ISSUE: Whether Mr. Okekeze's employment was wrongfully terminated, and whether there breach of agreement between the parties. FACTS: The trade dispute in the case centred on the termination of the employment of Mr. Okekeze by the Respondent on 30th July, 1982. Mr. Okekeze alleged that he was being victimized by the Respondent and that the procedure for termination of his appointment was not complied with. He therefore sought to fight the case through the Appellant. The Appellant in consequence declared a trade dispute with the Respondent and the dispute was referred to the Industrial Arbitration Panel (IAP). The IAP later made a "no award" in respect of all the three issues in dispute between the parties. Appellant objected to the Award, and it was referred to National Industrial Court by the Minister. HELD:(Dismissing the Appellant s appeal): On Duty on employee against whom serious allegation made by his employer to defend and effect of failure to so do - Where serious allegations are made, either verbally or in writing, against an employee and a senior staff in particular, it is the responsibility of such employee to defend himself either leaving, challenging or apologizing for the lapses conveyed to him. Where such an officer decides to keep silent, it follows that his silence amounts to an admission of guilt in respect of the complaint made against him. H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT, S.O. KOKU,ESQ. MEMBER, ALHAJI Z.M. BELLO MEMBER