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KANO STATE INVESTMENTAND PROPERTIES LIMITED AND NATIONAL UNION OF BANKS, INSURANCE AND FINANCIAL INSTITUTIONS EMPLOYEES (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT ALHAJI Z. M. BELLO - MEMBER E.O. OLOWUESQ - MEMBER SUIT NO: NIC/3/91 DATE OF JUDGMENT - FRIDAY, 10TH APRIL, 1992 LABOUR LAW Allegations of commission of crimes against workers -Where made – Proper procedure to follow - When necessary to call in the police. LABOUR LAW Reinstatement - Worker whose appointment was unlawfully terminated - When court will refuse to reinstate. LABOUR LAW Termination of appointment - Termination of a worker’s appointment for trade union activities - Whether lawful. TRADE UNION LAW Termination of appointment - Termination of a worker’s appointment for trade union activities - Whether lawful. ISSUES: 1. Why was the appointment of Mr. Ajeshola terminated by the management of the Kano State Investment and Properties Limited? 2. Was the termination of his appointment justified? FACTS: In a letter dated 10th July, 1990 the newly elected union officials of the Respondent in the Appellant company gave a seven day ultimatum to the management of the Appellant demanding their recognition and payment of check-off dues to them. Termination of appointment - Termination of a worker’s appointment for trade union activities - Whether lawful. The management over-reacted by suspending the union officials by a letter dated 16th July, 1990. On 3rd August, 1990, the management of the Appellant terminated the appointment of Mr. John F. Ajeshola, one of the trade union officials suspended. The Respondent therefore declared a trade dispute against the Appellant, which was referred to the Industrial Arbitration Panel. The Panel ordered the immediate reinstatement of the staff. The Appellant was aggrieved by the Panel’s award and appealed to the National Industrial Court. HELD: (Allowing the appeal on reinstatement but awarding terminal benefits): 1. On Procedure where allegations of theft are made against a worker - Where allegations of theft are made against a worker, the normal procedure of calling in the police to investigate theft cases has to be used. Where the an’ however sets up investigatory panels, the guilt of the worker must be proved beyond reasonable doubt before he can be held accountable for the thefts. 2. On Whether termination of a worker’s appointment for trade union activities is lawful- A proper exercise of trade union activities by a worker is not such an offence that can warrant the termination of his appointment. The termination of a workers appointment because he is an active union member constitutes victimization of the worker and is therefore unlawful. 3. On When court will not order reinstatement of a worker whose appointment was unlawfully terminated - Where the court finds that the termination of a worker’s appointment is unlawful will not order his reinstatement if the relationship between the worker an employer is no longer cordial.