The Lagos division of the National Industrial Court, has ordered Bayer Nigeria Limited to pay a total of N3, 298,261 million as compensation, salary in lieu and cost of litigation to one of its former employee, Mrs Olushola Oduse, over the wrongful termination of her employment.
Justice Elizabeth A. Oji awarded the sum against Bayer Nigeria Limited in a judgment delivered in the suit numbered NICN/LA/234/2021, instituted by Oduse against her former employer.
In awarding the judgment sum, Justice Oji held that Bayer breached the terms of Oduse’s employment contract by failing to comply with the required notice period or pay the appropriate salary in lieu.
Oduse, a pharmacist employed as Key Account Manager, Pharmaceuticals, by Bayer Nigeria in March 2019, had approached the court through her lawyer, Chief Paul Omoijiade who led Stephannie Okonjo-Ojekere, after the company terminated her employment in May 2021.
She had sought a declaration that her termination was wrongful, payment of N798,261 as salary in lieu of notice, outstanding severance benefits, N500 million in compensation for alleged unfair labour practices and damage to her professional reputation, as well as N500,000 legal costs.
The claimant argued that the company’s purported reorganisation was a ploy to remove her, insisting that the newly created position of Head of Sales, Pharmaceuticals Nigeria, substantially overlapped with her responsibilities.
She also alleged that she was more qualified than the candidate eventually appointed to the position after an interview.
However, Bayer through its lawyer, U.S. Ogbuagu who led Linda Osuagwu, maintained that a genuine restructuring of its operations had rendered her position redundant. The company denied that her termination was connected to a surgical operation she underwent in January 2021.
In resolving the dispute, Justice Oji held that the company had established a genuine and verifiable reorganisation, supported by documentary evidence, including a restructuring report, job advertisements and records of interviews conducted for the new position.
The judge also rejected the allegation that the termination was connected to Oduse’s surgery, noting evidence that the company had approved financial assistance towards her medical expenses.
The court, however, found that the termination notice, dated May 21, 2021, took effect on May 31, giving the claimant only 10 days instead of the one month required under her employment contract.
Justice Oji further held that the N675,078.97 paid to Oduse represented her May 2021 salary and could not be treated as payment in lieu of notice.
Consequently, the court declared the termination wrongful for failure to comply with the contractual notice requirement and awarded N2 million as compensation under Section 19 of the National Industrial Court Act 2006.
The judge dismissed her claim for additional severance benefits, finding that the company had paid those entitlements, apart from the outstanding payment in lieu of notice.
The claims of unfair labour practices and damage to her professional reputation and goodwill were also rejected for lack of sufficient evidence.
The court directed Bayer Nigeria to comply with the judgment within 30 days, failing which interest would accrue at two per cent per annum.