EXPRESS INSURANCE COMPANY LIMITED AND NATIONAL UNION OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS EMPLOYEES (NUBIFIE) (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT S.O. KOKU, ESQ. - MEMBER ALHAJI Z.M. BELLO - MEMBER SUIT NO: - NIC/3/85 DATE OF JUDGMENT - MONDAY, 15TH FEBRUARY, 1988 LABOUR LAW - Dismissal - Summary dismissal - Circumstances leading to - Where did not warrant same - Power of court to convert to termination of appointment. LABOUR LAW - Dismissal - Summary dismissal - Single act of disobedience by worker - Whether sufficient to warrant summary dismissal. LABOUR LAW - Overtime work - Payment for overtime work -Question of- When will arise - Whether could arise before the overtime work had been done. LABOUR LAW - Trade dispute - Awards by the Industrial Arbitration Panel – Confirmation of- When National Industrial Court will uphold and confirm same. ISSUE: Where the Appellant was justified to have summarily dismissed Mr. Kenneth Mbaeri, a member of the Respondent from the employment of the company on 1st February, 1982. FACTS: On 1st February, 1982, the Appellant summarily dismissed one Mr. Kenneth Mbaeri, a member of the Respondent Union. As a result, a trade dispute was declared between the parties, and it was referred to the Industrial Arbitration Panel (IAP) with a nine-point terms of reference The IAP in its Award, among others, ordered the reinstatement of Mr. Kenneth Mbaeri into the service of the Appellant. The Appellant was dissatisfied with that aspect of the IAP award and raised an objection to it. Where upon, that particular issue was referred to the National Industrial Court for determination. HELD: (Converting the dismissal to termination and granting payments of severance and terminal of benefits): 1. On Whether payment for overtime work would arise before the overtime has been done- The question of payment for overtime work would only arise and be taken up after the overtime had been worked. In the instant case, Mr. Kenneth Mbaeri disobeyed a lawful instruction by refusing to finish the remaining seven entries after closing time, as he could easily have put a claim for his overtime work after he had finished the work. 2. On Whether single act of disobedience by worker sufficient to warrant summary dismissal - A single act of disobedience by a staff of refusing to finish his allotted work for a particular day is not sufficiently grave to warrant his summary dismissal. Rather, such a staff ought to be appropriately disciplined for the offence by terminal his appointment. 3. On When court will convert summary dismissal to termination of appointment - Where the court finds that the summary dismissal of a worker was unwarranted, and that such a worker ought to have been appropriately disciplined by termination of his appointment, the court will rule that the summary dismissal be converted to termination of appointment, and that the worker be paid terminal benefit-severance pay. 4. On When National Industrial Court will uphold and confirm awards by the Industrial Arbitration Panel - In the absence of any valid objection to the awards of the Industrial Arbitration Panel, the National Industrial Court will uphold and confirm the awards.