Uchanma Ndukwe vs Diamond Bank Plc

Court: National Industrial Court of Nigeria, Lagos Division 

Suit Number: NICN/LA/427/2015 

Date of Judgment: 26 April 2018 

Citation: NICN Judgment, 2018 

Judge: Hon. Justice [Name not publicly listed] 

Parties 

Claimant: Uchanma Ndukwe 

Defendant: Diamond Bank Plc 

Facts 

The claimant, Ms. Ndukwe, was employed by Diamond Bank Plc. Upon termination of her employment, she alleged: 

1. Her termination was unlawful. 
2. She was entitled to payment of gratuity (■1,275,107.58), cash-out for accrued leave (■1,999,806.20), and pension entitlements. 
3. The Bank was wrongfully attempting to sell her mortgaged property. 
4. She also claimed general damages of ■50,000,000 for unlawful termination. — 

Issues 

1. Whether the termination of the claimant’s employment was lawful. 
2. Whether the claimant was entitled to gratuity, accrued leave, and pension entitlements. 3. Whether an injunction should restrain the Bank from selling the mortgaged property.
3. Whether general damages were payable. 

Ruling/ Decision 

1. Unlawful Termination: The Court held that the termination was lawful. Although no notice was given, the Bank paid two months’ salary in lieu of notice, satisfying the contractual obligation. 
2. Gratuity, Leave, and Pension Entitlements: Dismissed due to lack of valid supporting documents. 3. Injunction: Granted. The Bank lacked authority to sell the claimant’s mortgaged property. 4. General Damages: Dismissed as termination was lawful. 

Ratio / Legal Principles 

– Termination is lawful when contractual notice or payment in lieu is provided. – Claims for benefits must be backed by valid, enforceable documents. 

– Injunctions can be granted when contractual authority for property sale is absent. – General damages are not awarded when termination complies with contract terms. 

Conclusion 

The case demonstrates that employment termination is valid when notice obligations are met, and benefit claims require solid contractual backing. Mortgage disputes require clear contractual authority for enforcement actions.