The National Industrial Court in Lagos has dismissed a case of unlawful termination filed by a former employee against the Mastercard Foundation, ruling that the organisation complied with due process and upheld the terms of the employment contract.
Justice Sanda Yelwa of the Lagos Judicial Division delivered the judgment, stating that the claimant, identified as Loi, failed to establish that her dismissal was wrongful or that it violated principles of fair hearing or international labour standards. The court found no evidence of breach of contract and held that the termination was lawfully executed.
Loi had approached the court seeking a declaration that her termination was unlawful. She claimed that the process breached her employment contract and the internal disciplinary policies of the Mastercard Foundation. In her suit, she requested an order for reinstatement to her former role, the payment of all outstanding salaries and allowances, and the award of N200 million in exemplary and aggravated damages. She insisted that the process by which she was dismissed fell short of the standards of natural justice.
In defence, the Mastercard Foundation, represented by its counsel Muyiwa Ogungbenro Esq., argued that all procedural requirements were met prior to Loi’s dismissal. The Foundation asserted that the claimant was presented with the relevant allegations and supporting evidence and was given the opportunity to defend herself before a disciplinary panel. Ogungbenro told the court that Loi had initially admitted to breaching the Foundation’s core values but later retracted her admission. He urged the court to dismiss the case on the grounds that due process had been followed.
In delivering his judgment, Justice Yelwa emphasised the importance of respecting the terms of an employment contract, which he described as binding on both parties. He noted that the provisions of such a contract must guide its interpretation, stating, “It is the terms between the parties that constitute the contract, and they shall remain sacrosanct and guide its interpretation.”
The judge further held that in cases of termination on grounds of misconduct, it is sufficient for an employer to show that the allegation was disclosed to the employee, that the employee was granted an opportunity to respond, and that the disciplinary procedure was properly conducted. The court found that Mastercard Foundation had satisfied these requirements in its handling of Loi’s case.
Justice Yelwa ruled that the disciplinary process initiated by the Foundation was not only fair and compliant with due process, but also that Loi had failed to effectively challenge the procedure in court. He concluded that the burden of proof rested on the claimant to demonstrate procedural irregularities, which she failed to do.
Based on the evidence and exhibits presented, the court determined that Mastercard Foundation acted within the bounds of the law and the employment contract. The case was accordingly dismissed.
