Hon. Justice Hassan Yakubu of the Ibadan Judicial Division of the National Industrial Court has dismissed one Adejoke’s allegations of forceful resignation claim against Civic Microfinance Bank in its entirety for lack of proof.
The Court ordered Adejoke to pay Civic Microfinance Bank two months’ salary amounting to N184,000.00 (One hundred and Eighty-Four Thousand Naira) only in lieu of notice for termination of the contract as contained in the offer of employment.
From facts, the claimant- Adejoke had alleged that the verbal abuse at management meetings made the work environment a toxic one for her and constituted unfair labour practice.
Adejoke averred that on resumption to work on 7th April 2022, she was served with a letter dated 4th April 2022 purportedly giving her a new letter of appointment demoting her from Head of Accounts and Risk to Marketing Officer.
Adejoke stated that she wrote a letter dated 8th April 2022 to the Managing Director complaining about the breach of her contract of employment and the demotion, that following no response from the bank, she was forced to resign her appointment with the Bank by a letter dated 11th April 2022.
Adejoke sought amongst others the sum of N50,000,000 (Fifty Million Naira Only) as aggravated and exemplary damages against the Defendant for humiliating, degrading and belittling her in the eyes of her subordinates, peers and superiors in the banking industry and accountancy profession.
In defence, the defendant- Civic Microfinance Bank averred that Adejoke was not demoted, rather she was redeployed from one department to another in line with the Bank’s staff conditions of service, and Adejoke status as a management staff was not affected either was her salary reduced.
Civic Microfinance maintained that the redeployment of Adejoke from one department to another department did not contravene the tenor of Adejoke’s offer of Employment and the provisions of the staff manual of the Bank.
The Civic Microfinance Bank counter-claimed for the sum of N20,000,000.00 (Twenty Million Naira) Only as aggravated and general damages against Adejoke for filing a frivolous and unmeritorious suit amongst others.
In a well-considered judgment, the Presiding Judge, Justice Yakubu Hassan held that Adejoke failed to adduce credible evidence that her resignation was not voluntary.
The Court stated that the testimony of Adejoke under cross-examination that she was demoted as a result of the issuance of the Exhibits amounts to oral evidence contradicting the content of documentary evidence which the law frowns at.
Justice Hassan maintained that Adejoke did not tender her payslip or statement of account to show or prove that her salary as marketing officer is different and low from that as Head of Account and Risk, as the Court can not speculate on facts.
The Court further held that the argument of Adejoke’s counsel that the Civic Microfinance Bank had breached the terms of the contract of employment between the parties in the case by unilaterally changing the terms and conditions of the contract of employment without the consent of Adejoke and that the deployment of Adejoke from Head of Accounts and Risk to Marketing officer amounts to demotion was misconceived.