Constructive Dismissal -
Miss Ebere Ukoji vs. Standard Alliance Life Assurance Company Limited (2014) 47
N.L.L.R. Pt 154, P.531. NIC
Facts:
The claimant (Miss Ebere Ukoji)
was employed by the defendant (Standard Alliance Life Assurance Company
Limited) from 6th June 2011.
On 1st November 2011, she
was informed about an e - mail, in which it was alleged that she was spreading
rumours of a sexual escapade between a staff and her driver.
On 3rd November 2011, she
was served with a memo and a copy of the e - mail. The memo stated that she was
responsible for the spreading of the rumour and was requested to respond to the
allegation of character assassination. She responded and denied the
allegations.
The defendant then set up
a 4-person Committee to investigate the matter. The committee invited only the
claimant and the driver.
She alleged that she was
coerced into resigning her appointment or would be sacked by the Committee.
On the other hand, the
defendant alleged that the claimant was issued with a query with an e - mail
attached.
The defendant alleged
that the work of the panel was still in progress when the claimant tendered her
resignation.
The defendant denied the
allegation that it threatened the claimant to resign, and that the claimant in
her resignation letter expressed profuse gratitude for the opportunity offered
her to serve the defendant.
That upon the claimant
tendering her resignation letter, she was paid all that was due to her.
Issues
Whether the claimant was
compelled to resign her employment with the defendant. In other words, was the
claimant constructively dismissed by the defendant even when it was the
claimant who tendered a letter of resignation?
The Judgement
On what Constructive
Dismissal entails:-
Globally, and in
labour/employment law, constructive dismissal, also referred to as
constructive discharge, occurs when an employee resigns because his/her
employer’s behaviour has become intolerable or heinous or made life difficult
that the employee has no choice but to resign. Given that the resignation
was not truly voluntary, it is in effect a termination. In an alternative
sense, constructive dismissal or constructive discharge is a situation where
an employer creates such working conditions (or so changes the terms of
employment) that the affected employee has little or no choice but to resign.
Thus, where an employer
makes life extremely difficult for an employee, to attempt to have the employee
resign, rather than outright firing the employee, the employer is trying to
create a constructive discharge.
On when resignation can
amount to termination of appointment:-
Where resignation of
appointment by an employee has been found not truly voluntary, it is in effect
a termination of appointment. In the instant case, the involuntary resignation
of the claimant is in effect, a termination.
On Legal consequences of
constructive dismissal:-
Generally, a constructive
dismissal leads to the employee’s obligations ending and the employee acquiring
the right to seek legal compensation against the employer. The employee may
resign over a single serious incident or over a pattern of incidents.
Generally, the employee must have resigned soon after the incident.
Judgment
Justice B. B. Kanyip of
the National Industrial Court held that the claimant’s employment was
wrongfully terminated and that she was coerced to resign her employment with
the defendant.
OPINION:
The steps taken by
Management points to the fact that the Claimant was coerced to resign her
employment, such as:
The composition of the
panel and the fact that even those that should be questioned were instead members
of the panel.
The matter bothered more
on defamation of character, than official issues and the High Court would have
been a better place to seek redress. The investigation was not for infractions
against the defendant.
Let the discussion
begin!!!……………………..
*Source: NECA Business
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