Court Rules OANDO Wrongfully Terminated Staff, Awards Over ₦4.4m Compensation
Hon. Justice Anthonia Ubaka of the National Industrial Court, Lagos Judicial Division, held that the termination of Oladunni’s employment by OANDO PLC, conveyed via letter dated 26 June 2014, was wrongful.
Consequently, the Court awarded three months’ salary in lieu of notice in the sum of ₦1,205,186.41, gratuity/end-of-service benefits of ₦2,772,701.47, and costs of ₦500,000, all payable within 30 days.
On the facts, the claimant maintained that upon returning from study leave she awaited HR’s feedback and, on the advice of Group HR, engaged with executives at the Group Office and subsidiaries for possible reabsorption, only to receive the impugned termination letter while still awaiting a decision.
She contended that she breached no express or implied term of her contract, was unfairly treated, and was denied the opportunity to resign honourably after a decade of meritorious service.
In defence, OANDO PLC argued that the claimant failed to resume at the expiration of her approved one‑year study leave, did not seek an extension, and merely expressed a desire for reabsorption while intending to combine work with ongoing studies—said to be contrary to the company’s operational model. The defendant further asserted that notice was not required as her name had been suspended from payroll and database from the start of the leave, and that the separation complied with the Staff Handbook.
For the claimant, Opeyokun Esq submitted that she returned after a 13‑month leave, did not violate the Handbook, and reasonably did not seek an extension because her studies were substantively concluded but for an ASUU strike that delayed her project defence, urging the Court to grant the reliefs.
In a considered judgment, the Court found OANDO PLC in breach of the express contractual requirement to give notice or pay in lieu at the point of separation. While affirming that reabsorption after study leave is not automatic and noting the claimant’s failure to apply for an extension, the Court nonetheless ordered payment of three months’ salary in lieu calculated at ₦1,205,186.41, together with the adjudged gratuity and costs.
