konknaijaboy | On 27, Oct 2014

The National Industrial Court dismisses MTN Nigeria’s Preliminary Objection in an Unlawful lay-off suit (Suit No: NICN/LA/596/2013)

MTN Nigeria a leading telecommunication service provider with HQ in South Africa is currently battling its Nov 2009 Unlawful/Unfair lay-off of 63 Customer Relations Staff which was carried out without notice, reason and contrary to the organisation’s HR Policies, Processes & Procedures.

The National Industrial Court on June 2, 2014 dismissed the preliminary objection filed by MTN Nigeria challenging the 63 Customer Relations staff unlawfully laid off in 2009 to file the suit in a representative capacity.

The court ruling was made June 2, 2014 by the President of the National Industrial Court; Justice Adejumo (OFR)

The judge “threw away” MTN’s Preliminary Objection and ruled that the case has been “admitted for trial”. Accordingly, the Judge fixed 2nd and 3rd of July 2014 for the “Trial” despite MTN’s objections.

On July 2, 2014 after a brief court argument MTN’s lawyers opted for negotiation. Case was adjourned to give room for negotiation while…..the case was scheduled to come up again on 2nd October, 2014 for…..report of settlement/hearing.

A notice was however sent to parties involved early last month that case has been slated for 17th September, 2014 instead of the former date of Oct 2, 2014 only to be adjourned without sitting till Oct 20, 2014 before being moved to October 29, 2014

Venue: The National Industrial Court
31, Lugard Avenue, Ikoyi, Lagos.

Date: 29th day of October, 2014

Time: 9am.

MTN’s Lawyer: Aluko & Oyebode
Ex-Staff Lawyer: AAA Chambers

The mastermind of the lay-off; Mr Akin Braithwaite resigned Nov 2013 as the Customer Relations Exec after an emergency Mngt meeting

The Committee on Public Petition (NASS) Abuja had since condemned the lay-off in its official gazette dated January 17, 2013 and recommended an immediate review but MTN never acted on the NASS recommendation.