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MR. OLADIMEJI OLUSANYA V. UNITED BANK FOR AFRICA PLC

(2017) JELR 38099 (CA)

Court of Appeal  •  CA/L/1165/2011  •  12 May 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; BIOBELE ABRAHAM GEORGEWILL JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Appearances
Akinwunmi Akindele, Esq. For Appellant A. O. Wahab, Esq. with him, Russel Eraga, Esq. For Respondent

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The provenance of this appeal is in the employer/employee relationship between the Respondent and the Appellant. The Appellant was a junior staff in the employment of the Respondent until his appointment was terminated. The Appellant aggrieved by his termination contended that what took place was a redundancy exercise and that the Respondent did not follow the process provided for in the Collective Agreement between National Union of Banks, Insurance and Financial Institution Employees (NUBIFIE) and Nigeria Employers Association of Banks, Insurance and Allied Institutions in effecting the redundancy. The Respondent on its part maintained that the Appellant failed to show that a contract existed between it and NUBIFIE and also that the laying off of the Appellant was a withdrawal of service and not a redundancy.

The Appellant consequently instituted proceedings at the High Court of Lagos State in SUIT NO. LD/433/1998: O…

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