In a recent ruling at the Akure Judicial Division of the National Industrial Court, Hon. Justice Kiyersohot Damulak declared the resignation of Mr. Timothy Adu, Customer Service Manager at UBA’s Akure Branch, on July 17, 2020, as a result of forceful or constructive dismissal. The court mandated United Bank for Africa to pay Mr. Adu a sum of N30 million as general damages for the forced resignation, along with N200,000 as the cost of action within the next 30 days.
The court found that Mr. Adu’s resignation letter did not suggest premeditation on his part and dismissed the bank’s claims that he willingly stepped down due to deficiencies in his role. Mr. Adu had argued that he was coerced into resigning by his Operation Manager, acting under the alleged instruction of the bank’s management.
According to Mr. Adu, the forced resignation followed a query he received on July 15, 2020, regarding alleged misconduct. Despite responding to the query, he claimed he was pressured to resign under duress on the evening of July 17, 2020. The court rejected the bank’s defense, which stated that Mr. Adu was informed of a reassignment to the Cash Officers’ desk, emphasizing a lack of evidence supporting such a claim.
The presiding judge, Justice Damulak, concluded that Mr. Adu’s resignation was not a voluntary act but a result of circumstances amounting to constructive dismissal, highlighting the absence of key testimonies from UBA staff and reinforcing the need for compensation.