The National Industrial Court sitting in Port Harcourt has dismissed a wrongful termination suit filed by Pilot Woha against Caverton Helicopters Limited.
In the judgment delivered by Justice Muhammed Hamza on Monday, the court held that Caverton had not acted unlawfully in terminating Woha’s employment, as the company paid him three months’ salary in lieu of notice – far above the two weeks stipulated in his contract of service.
Woha had argued that his dismissal was tied to his involvement in union activities and that it violated a five-year bond agreement linked to training sponsored by the company. He maintained that he had served diligently, received promotions, and had never been queried before his sudden termination, which he claimed was disguised as redundancy. He further alleged that Caverton failed to pay all his entitlements.
Caverton, however, contended that the redundancy exercise affected multiple staff members, not just Woha. The company, through its counsel, argued that it had fully paid his terminal benefits in line with the conditions of service. It further maintained that the bond agreement did not prevent it from ending his contract. The firm also filed a counterclaim, urging the court to order Woha to refund the cost of the bond, which required him to serve five years after training.
In his ruling, Justice Hamza dismissed Caverton’s counterclaim, holding that the redundancy was not caused by any fault on Woha’s part. Consequently, the company could not enforce repayment of the bond.
“Having not terminated the claimant’s employment under paragraph 20 of Exhibit C3, the Defendant loses the right to seek payment of the unutilised portion of the bond agreement,” the judge stated.
The court concluded that Caverton had acted within its rights by paying three months’ salary in lieu of notice. However, it faulted the company’s attempt to recover the bond cost despite ending the employment through redundancy. The case was therefore dismissed in its entirety.
