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NATIONAL UNION OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS EMPLOYEES (ON BEHALF OF ITS SAVANNAH BANK OF NIGERIA DOMESTIC COMMITTEE) AND MANAGEMENT OF SAVANNAH BANK OF NIGERIA LIMITED (NATIONAL INDUSTRIAL COURT) H ON. JUSTICE (CHIEF) P.A. ATILADE PRESIDENT M.A. BORISADE, ESQ. MEMBER B. N. OBUA, ESQ MEMBER SUIT NO: NIC/1/88 DATE OF JUDGMENT TUESDAY 9TH APRIL 1991 LABOUR LAW Conversion of staff- Conversion of typist to cashier- Training period of - Whether two weeks sufficient for. LABOUR LAW Termination of appointment - Termination on allegation of offences - Where not proved - Whether court will uphold termination. LABOUR LAW Trade dispute - Instrument of reference - Item therein- Where no issue is joined thereon - Whether tenable. LABOUR LAW Trade dispute - Issue therein - Where conceded Whether need be canvassed. ISSUES: 1. Whether the staff whose appointments were terminated were guilty of gross negligence, thus facilitating the 2.1 m fraud in the Savannah Bank. 2. Whether the transfer of some union officials was inconsistent with the Collective Agreement between the two parties to the dispute. FACTS A trade dispute between the parties was referred to the Industrial Arbitration Panel (IAP). The issues in dispute were: termination of the appointment of three employees found guilty of fraud; transfer of some union officials on promotion; delay in promotion. The IAP duly heard the parties and, in its award, found in favour of the Respondent. The Appellant felt aggrieved by the award and lodged an objection against it. The dispute was therefore referred to the National Industrial Court. HELD: (Allowing the appeal in part but refusing to order reinstatement): 1. On When court will not support termination of appointments of employees for alleged offences - Where the offences alleged against employees have not been proved to the hilt, the court would not support the termination of their appointments. In the instant case, however, considering the circumstances of the case, the court refused to order the reinstatement of the affected employees. 2. On Training period for conversion of a typist to a cashier - Two weeks is too short a training period for the conversion of a typist to a cashier. 3. On When an item in an instrument of reference to the National Industrial Court will no longer be tenable - Where no issue is joined on an item contained in an instrument of reference of trade dispute to the National Industrial Court, that item will no longer be tenable. 4 On Whether an issue conceded needs be canvassed - Where a party concedes an issue to the other party that issue will no longer be canvassed.