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NUTRA FOODS LIMITED, IKEJA AND NATIONAL UNION OF FOOD BEVERAGE AND TOBACCO EMPLOYEES (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT B.N. OBUA, ESQ. - MEMBER E.O. OLOWU, ESQ. - MEMBER SUIT NO: NIC/9/94 DATE OF JUDGMENT - 24TH JULY, 1996 LABOUR LAW Reinstatement - Reinstatement of employee who has collected his entitlements - Order of – Whether prudent. LABOUR LAW Termination of appointment - When employer will be justified in terminating appointment of worker without notice. LABOUR LAW Termination of appointment - Workers whose appointments were terminated - Collection of entitlements by them - Failure to contest termination -Whether issue of termination not closed. ISSUE: Whether the termination of appointment of Messrs. G Akpan, A. Salisu, L. Maha and V. Essien was wrongful. FACTS: A trade dispute between the parties was referred to the Industrial Arbitration Panel. The issue in dispute was anti-union activities and wrongful termination of appointment of Messrs. G Akpan, A. Salisu, L. Maha and V. Essien who are officers of the union just because of their union leadership. At the end of the Panel’s arbitration, it awarded that the charge of anti-union activities was not substantiated and that the affected staff be reinstated. The Appellant was dissatisfied with the Panel’s award and appealed to the National Industrial Court. HELD: (Allowing the appeal). 1. On Wizen employer will be justified in relieving a worker of his appointment without notice - The management of a company is justified in relieving a worker of his appointment without giving him any notice where grave lapses are committed by the worker such as recording inaccuracies in the worker’s department, which resulted in losses to the company; and the absence of the worker from duty without lawful authority which constitutes a misconduct. 2. On When termination of appointment of employee a closed matter - Where workers whose appointments were terminated had not only collected their entitlements, but also from all indications did not want to contest the issue of their termination as evidenced by the fact that they did not appear before the IAP or the court to testify, the issue of their termination is a closed matter. 3. On Whether prudent to order reinstatement of an employee who has collected his entitlements It is prudent in the interest of industrial peace and discipline in the company not to order the reinstatement of an employee who has already collected his entitlements.