NATIONAL UNION OF HOTELS AND PERSONAL SERVICE WORKERS AND PINK PEACOCK RESTAURANT, KANO (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT M.A. BORISADE, ESQ. - MEMBER B.N. OBUA, ESQ. - MEMBER SUIT NO: - NIC/17/89 DATE OF JUDGMENT - TUESDAY, 29TH MAY, 1990. LABOUR LAW - Termination of employment – Question of Determination of-Document court must consider. LABOUR LAW - Termination of employment - Where verbal letter of termination - How treated - Remedy available to worker. ISSUES: 1. Whether the determination of the employment of Mr. Thompson Charles management of Pink Peacock Hotel Limited, Kano was lawful. 2. Whether there was an illegal lock-out/use of Police against some worker of Pink Peacock Hotel Limited, Kano in November, 1988. FACTS: A dispute between the parties was referred to the Industrial Arbitration Panel (IAP) for arbitration. The dispute involved wrongful termination of Appellant's branch sec: illegal lockout/use of Police. The IAP in its award made no awards in respect of three issues in dispute between the parties. The Appellant was dissatisfied with the award and appealed to the National Industrial Court. HELD: (Allowing the appeal in part): 1. On Document court must consider in determining whether an employment has been lawfully determined - Whenever the question arises as to whether an employment has been lawfully determined, it is to the contract between the parties that one must, look for guidance. It was for that reason that the National Industrial Court called for the letter of appointment of Mr. Thompson Charles in this case. 2. On Treatment of verbal termination of worker without letter of termination - Where it is found that employer merely gave a worker verbal order, which sent the worker home, the court will hold that the worker was on suspension until the date of judgment. Accordingly, the worker will be entitled to half-pay up to the said date of judgment.