Industrial Court Orders Airtel to Pay ₦150m for Wrongful Termination and Disability Discrimination
In a landmark judgment, Hon. Justice Joyce A.O. Damachi of the National Industrial Court, Lagos Division, has ordered Airtel Networks Limited to pay Mr. Olakunle a total of ₦150,258,754.58 in damages for wrongful termination and discrimination on the basis of disability.
The award comprises:
– ₦99,426,880 as special damages (representing 60 months’ aggregate salary),
– ₦50,000,000 as general and exemplary damages, and
– ₦831,874.58 for withheld wages between January and October 2023.
The Court directed Airtel to make payment within 30 days.
Justice Damachi held that the Lagos State Special People’s Law 2010 entitles employees who sustain permanent disability in the course of employment to 60 months’ salary as severance benefits. The Court further emphasized that Airtel’s conduct violated Section 42 of the 1999 Constitution (as amended), which guarantees freedom from discrimination.
Mr. Olakunle, employed by Airtel since 2004, suffered a major health challenge in 2007, became wheelchair-dependent, and continued working with commendations and promotions. After a second health challenge in 2022, Airtel subjected him to a wellness test but withheld the report. In October 2023, Airtel terminated his employment, citing “permanent disability” and alleged breach of leave policy.
The company argued that the Lagos Special People’s Law was inapplicable since the disability was not an occupational hazard. It claimed termination was based on breach of its leave policy, as the claimant was absent beyond 90 days.
Claimant’s Counsel, Moshood Aliu, Esq. contended that Airtel was estopped from relying on the 2022 absence since the company retained Olakunle for 14 months thereafter. He argued that statutory rights under the Special People’s Law cannot be contracted out and that withholding the wellness report was unlawful.
Justice Damachi ruled that:
– The wellness report was a crucial document and its withholding deprived the claimant of fair hearing.
– Airtel breached its own leave policy procedures by failing to issue a query before termination.
– Airtel acknowledged that the claimant could discharge his duties remotely, yet opted for termination instead of reasonable accommodation.
– The termination amounted to discrimination, contrary to both the Special People’s Law and the Constitution.
