Exactly one year ago was a Monday 7th June 2010, and I remember dressing-up early in the morning to report to office at Zenith Bank, No. 18 Shehu Laminu Way, Maiduguri Branch in Borno State, Nigeria. I sat beside Tahir and Aliyu at the branch meeting that morning. That was exactly 13 days after I had served the Bank my notice of resignation and my humble and noble demands. I had 18 more days to effectively withdraw my services from the bank and end my 2 year sojourn in the ancient city of Maiduguri.
1 year on today, the case I filed at the Lagos High Court against the Bank and its MD is at the 'Pre-Trial Conference' stage. The next date assigned by the Honourable Judge is the 30th of June, 2011 and I find myself in a dilemma on which I need your kind advise. The Honourable Judge has directed that we explore settlement and counsel to the bank undertook to come-up with a proposal. My learned friend whose Firm is representing me said the proposal would be considered if an apology is offered and the numbers are reasonable- and therein lies the dilemma.
Yes, it is a dilemma, because my motivation for instituting this case was not for monetary benefits nor for popularity, but to do my part in helping the countless employees in Nigeria whose fate is entirely subject to the whims of their employers, and who have neither the means nor the ability to either speak out or seek any form of redress. I had experienced this in my 2 years with Zenith Bank and I know how horrible it can get- the situation is practical slavery where you have no rights and no dignity in reality. You just work and count on fortune and the whims of your employer. The prospects of setting a JUDICIAL PRECEDENT and the immense benefits it could have for employees in Nigeria for the future, inspired every step I took. A judicial precedent on this matter could have the direct and indirect effects of protecting employees from arbitrary and exploitative treatment, even those employees who are ignorant, or have no imaginable means of accessing any form of legal or political redress. SHOULD I OPT FOR A SETTLEMENT OR KEEP THE VISION FIXED ON A PRECEDENT?
First, what are the prospects of winning this case? And what could be the terms of a settlement should we go for one? Well, I cannot pre-empt the decision of the Honourable Judge as I am no clairvouyant, but I long for a decision by the court on this matter. The issue simply is that I acted on the terms and conditions on my employment letter, left my home in Kaduna to the city of Maiduguri- a process that saw me sacrifice many other things and have a close shave with death 3 times, 2 of which were in the course of duty, 1 during the Boko Haram violence. The terms on my contract stated that I will be on probation for a year, after which I will be confirmed and elevated to the next grade if my performance was up to a minimum of B+.
I worked for a year and surpassed that minimum, but Zenith Bank kept mum on the elevation. After enduring and working for 5 additional months after confirmation, I asked the HR department to kindly clarify my status, but they replied that they had no idea what my status was. I asked them for the MD's phone number but they declined, so I wrote him a letter and sent to his e-mail, copying relevant officers while dispatching the hard copy. It was a simple 'Request for Clarification of Employment Status'. Neither himself nor any other officer replied. That was why I tendered my notice on the 25th of May 2010, after another additional 6 months of absolute silence and labour. The Bank is now relying on a clause which reserves the right of the bank '...to review and vary the conditions of service of its employees...'.
The question for the Honourable Judge to decide, is whether an employer has the right and power to arbitrarily vary the contract of employment of its employees, without ever NOTIFYING the employees nor INFORMING them AT ALL, and whether this arbitrary power subsists even when the employees request for clarification in a most explicit manner. Whatever the judge decides will be beneficial to both employees and employers I think. If the Honourable Judge decides in the affirmative, then employees will be in no doubt that the employer is always right however arbitrarily it decides to amend, alter and vary terms of employment, even when employees are not consulted or informed! On the other hand, if the Honourable Judge decides that such actions by an employer are not supported by law, then employers can be less in the dark as regards their powers, while employees will be consoled that they are not voiceless and rightless workers. The benefit to me is really minimal. Now I am on the verge of completing my Masters in Law- incidentally to do with International Development Law and Human Rights, and I feel very evergised to return to Nigeria and contribute my bit in making her better.
Do I sacrifice the ideals and goals that inspired my taking the risks to file this case and opt for a settlement, especially now that I am not desperate for any monies the Bank could offer? Or do I carry on to the end? How do I convince the Honourable Judge that Her children, whether as future or current employers or employees stand to benefit from this case if decided and not settled out of court like another anonymous event gone with the wind? If I opt for a settlement, what would be the price at which to sacrifice a potential judicial precedent of this nature?
In my notice to the Bank, I had demanded a written apology from the Bank and the sum of N 20 Million (£ 80,000), knowing that the Bank holds its employees in sufficient contempt as never to oblige- that was to be good enough to get me the needed rebuff and neglect to file a case in the hope of obtaining my precedent, even if i did not get a single penny at the end. Is a judicial precedent worth N 20 Million (£ 80,000)? Can I know what benefit this precedent may serve to generations unborn? Do I know whether a decision on this matter could have policy implications and impact for the federation which could prove beneficial to many? Would opting for a settlement out of court amount to selling the birthrights of many for a 'mess of porridge'? I do not know.
Kindly advise my friends!
First of all, I need to salute your courage and bravery. I am very proud of you. You are like our Martin Luther King Jr. I have watched you grow and become a better person with each passing year. Today after reading your blog post I got emotional knowing how we went through school and had to fight hard to get to where we are only for people to try to make it difficult for us and put our lives on the line. I thought about the ghastly motor accident that left you unconscious and almost claimed your life. I remembered the entire family sitting at your bed side and asked myself, is that not enough price to pay working for someone? I can still picture your swollen cut head and body. I remember carrying you to the theater for X-rays and running errand in the hospital for you. All these happened because you wanted to maintain the training we were giving to make a difference and be outstanding everywhere you go, live and work. You worked assiduously with Zenith Bank but they were unfaithful in their contractual agreements. Now they are asking you to apologize? Unbelievable! What are you apologizing for? For asking them to clarify your status? For asking them for your due? For asking them to take a second look into their own writing on the appointment letter?
ReplyDeleteYou have chosen to assist others faced with the same inhumane treatment, this is noble. I commend you to God for this and I pray the blessing of Isaiah 58:8-11 (GNB). “Then my favour will shine on you like the morning sun, and your wounds will be quickly healed. I will always be with you to save you; my presence will protect you on every side. When you pray, I will answer you. When you call to me, I will respond. If you put an end to oppression, to every gesture of contempt, and to every evil word; ….and satisfy those who are in need, then the darkness around you will turn to the brightness of noon. And I will always guide you to and satisfy you with good things. I will keep you strong and well. You will be like a garden that has plenty of water, like a spring of water that never runs dry.”
You are like Daniel (Shadrach, Meshach, and Abednego) before King Nebuchadnezzar. Do you bow down (apologize) and receive the reward or will you stand for the truth? In faith that the truth will set you free? Let me remind you of who you are; You are a Servant of God! A man of honour and advocate of change! You are not a poor or hungry man! You are priceless, no amount can buy you! You live with a vision and a sense of mission! You where giving first class mission training and brought up by the best parents in the world! You were equipped for this even before you were born! This is your cross. There is always a cross before a Crown!
Having said that, I need you to know that you are an SAN material. Are you going to become SAN by walking away from challenges, apologizing when you are on your right and receiving settlement out of court? Yes , the numbers are good but money fails -Gen 47:15 (KJV). Tomorrow, you be known as the guy who sued Zenith Bank, turned around, apologized, received money and abandoned the noble path he undertook. The money will fail you. The evil that men do lives after them, you know. When you win the case, they’ll still pay you anyway. I need you to know that a lot of workers are in support of you in this country. If the bank has to review and vary the conditions of service of its employees at least they should have let you know. We are not animals, we are human beings. This is a typical example of modern day slavery. They have no excuse, you wrote to them and gave them 11 months to Clarify of Employment Status and they kept mum.
You have a good case bro! Consider it a privilege to fight for others who are oppressed and voiceless. Consider it an honour to be of service to humanity! God is with you. If only these people knew who you are in Christ, they would have given you the 20M, apologized and made you their company Lawyer but they don’t know. How would Goliath have known who David was? They will soon find out!!
proud of your decision to take this to court cos the level of disrepect metted out on employees is just disheartening n no one seems to be concerned. i would love you to finish what you have started.fight to the finish.since u werent looking for monetory compensation, u will not find the fullfillment if u recieve it instead.it would be a hard and difficult road most esp in a country dat has poor sense of self worth or knowledge of dier rights n the govt does not value its citizens. A lesson must be learnt and i wish u d very well.
ReplyDeletePally, i use to work at Maiduguri I branch and latter transferd to head office IT. i remembered zenith bank readjusted my annual salary, cutting my monthly pay by half with the rest lumped into "performance" popularly called PS. so after the readjustment i was suppose to be getting a PS of 1.3million but to my suprise the bank only paid 390thousand. when i saw that, i sent an email to the then head of human resources dept, Obi Ibekwe, but nothing was done. she didnt even try replying.later i asking FC&SP dept at the H/O, and the response was that management said paying the 1.3M will be too much.
ReplyDeleteI strongly believe that employers in Nigeria need to learn to do what is right and thats why i am in support of you setting a jucial precedence as far as this issue is concerned
Thanks. Mark you inspire me. Just a little correction: the apology is to come from the bank not from us. Anonymous, i reason with your point. Pally Victor, it is unfortunate that people are begining to accept injustice as a 'nornal thing'. But changes must begin from somewhere. Thanks a lot friends. The Precedent!
ReplyDeleteWhat a complete disregard of the terms of a simple employment contract. I think the judge realized it is common sense and decided to refer you to a mediation process instead. But let’s keep this simple.
ReplyDeleteFirst, you need to make a decision whether to settle out of court or not. Either way is good but in my opinion, try it out of court first but your terms are non-negotiable because they are simply reflecting the intent of the law (Justice and fairness). Now don’t get me wrong. Settling out of court does not mean you are going contrary to your goals of promoting human rights among other things. This is where you will subject Zenith to their terms of employment subject to the supervision of the court. If there happen to be such a case against subsequent employees, then the terms of your mediation is violated. Then you are will have to go back to the court. Pay no attention to the monetary aspect since it is not your priority. With our without it you are still on top of your game.
This route is a little complex because it is touches many areas and will call for issues of definiteness of terms and privity of contract among many others. But it presents an opportunity for you to set up a firm or organization that addresses such acts of violation of employment terms under the cover of some clause the almost completely shelters the big guys from liability. Thus, it may not work very well out of court due to your other demands besides money. Zennith is wealthy enough to pay.
Second, let’s consider following through with the case in court. What are the terms of your contract? What is the opinion of the court with regards to that phrase,"...the bank reserves the right to review and vary the conditions of service of its employees...” Seriously? That means the bank will never be held accountable for any of its actions. What the hell? Forgive my use of language but who goes into a sales contract with a term that give him/her the right to vary the prices of its product or service when it deems fit after the contract is formed regardless of the position of the other contracting party? May be I am too quick to criticize but please provide me with the full text of that provision if you can. I am curious.
I don't know how you came up with the N20 million in settlement but that may be an area they may defeat you. I am not sure.
As I earlier mentioned, either way is good because you have a very strong case here. You can take either route and still achieve your goal of setting the pace for a change and instill human rights but this is far from over.
Now, this is the most important part to note, it is abnormal for normal things to happen in Nigeria. Take this literally, not a paradox or sarcasm. You know how the administration of justice is in Nigeria, but I have not been home in a while so maybe this is not so important. In any case all I am saying is that the uncertainty is not measurable in our homeland so how bad could it be? You tell me.