Court affirms dismissal of ex-Nicon Hotel worker over theft

The National Industrial Court, Abuja, on Monday affirmed the dismissal of one Tochukwu Mbamara by Nicon Luxury Hotel, following his involvement in a theft. Mbamara was dismissed when it was discovered that he used a spoon to open the banquet hall of the hotel which led to the disappearance of a laptop. Justice Rakiya Haastrup […]

The National Industrial Court, Abuja, on Monday affirmed the dismissal of one Tochukwu Mbamara by Nicon Luxury Hotel, following his involvement in a theft.

Mbamara was dismissed when it was discovered that he used a spoon to open the banquet hall of the hotel which led to the disappearance of a laptop.

Justice Rakiya Haastrup noted that the claimant challenged his dismissal as wrong, on the grounds that his letter of dismissal portrayed him as a criminal and contains damaging and defamatory statements.

Haastrup further noted that the claimant had also averred that his dismissal had permanently destroyed his chances to work in the hospitality industry.

The judge said that the evidence before the court, however, proved that the terms and conditions of employment of the claimant as contained in the contract of service was not breached in the termination of his appointment.

She said “It is in law that when an employee complains that his employment has been wrongfully terminated, it is the claimant that has the duty to prove any breach by the defendant which is not in accordance with terms and conditions of the contract of service.”

She added that the claimant admitted under cross examination that he used a spoon to open the door to the meeting room of the defendant.

The judge said that the court also observed that the claimant did not deny the knowledge of the missing sums of money.

Haastrup further said “The defendant dismissed the claimant from its service upon frequent criminal acts “.

She therefore, concluded that there was no evidence before the court brought by the claimant sufficient enough to support his claim of wrongful dismissal.

The judge said that all the reliefs sought by the claimant in the suit, except his one month salary in lieu of notice, if he had not been paid, failed in its entirety and accordingly dismissed the suit.

The claimant’s counsel, Tochukwu Nwazota had urged the court to declare his client’s dismissal as wrongful and order the hotel to pay his terminal benefit of N598, 000.

Nwazota also sought payment of damages to the tune of N9.5million for his client.

Charles Ola, the defence counsel in his argument said the claimant had previous records of criminal allegations against him in which he was queried.

Ola added that the claimant’s dismissal followed due process as the allegation of theft was investigated by a disciplinary committee whose report indicted him and recommended his dismissal. (NAN)