Ekedayen got justice after he sued the bank in Suit No. NICN/LA/569/2015. He said that he was forced to retire against his will when he was only 50 years old and had only worked for the bank for 12 years as of November 20, 2015.
In the ruling, Justice R. H. Gwandu of the National Industrial Court (NIC) said that the first defendant, the managing director of BoI, has no right or power to make Ekedayen quit.
He also told the Bank to pay all of his unpaid arrears, salaries, and other employment benefits from December 2015, when the suit was filed, until now within 30 days of the date of this judgment.
If they don't, the court said that they will have to pay 10 percent interest on the back wages and benefits.
Abimbola Akeredolu (SAN), the lawyer for Ekedayen, said after the ruling that they finally got justice after waiting for years.
He said, "After that, the judge ruled in favor of Sonny Ekedayen, and the court gave him all the things he asked for as the claimant in the case. These are:
"A declaration that the 1st Defendant (the Managing Director of the 2nd Defendant) does not have the right or power to force you to quit your job with the 2nd Defendant or take an early retirement from that job."
"A declaration that the defendants don't have the right or power to fire him or end his job with the second defendant unless it's in line with your employment contract and terms of service."
"An order of permanent injunction preventing the 1st Defendant from compelling or forcing Sonny Ekedayen to either quit his job with the 2nd Defendant or take an early retirement from that job."
"An injunction to stop the defendants from firing or letting him go from his job with the second defendant unless it's in line with your employment contract and terms of service."
"An order that has the effect of putting Sonny Ekedayen back to work for the 2nd Defendant." The 2nd Defendant must pay all of his unpaid arrears, wages, and other employment benefits from December 2015, when the lawsuit was filed, until today, within thirty (30) days of the date of this judgment.
"If you don't, 10% interest will be added to your back salaries and benefits."
In making its decision, the court basically established and upheld that the Defendants served the alleged termination letter after the suit was filed and after the court had ordered the parties to keep things the same until the suit was decided. The court then threw out the letter because it didn't follow the status quo order and because it wasn't served.
Since the defendants didn't have a good reason to fire him, the court said that he should keep working for the Bank of Industry.
"The law says that an employer has no right or power to force an employee to quit or retire early." The Court said, "It is illegal, a gross abuse of power, and against best practices in labor relations around the world."
