The National Industrial Court of Nigeria (“NIC” or Court”) delivered a notable judgment in Suit Number NICN/IB/111/2020; Offor Vivian Chekwube (“Claimant”) v African Foundries Limited (“Defendant”) on the 1 June, 2026 wherein the NIC re echoed the principles of law on (i) the strict requirement for compliance with fair hearing, particularly where an employee is accused of misconduct (ii) liability of an employer for acts of sexual harassment committed by its employees, especially senior members of staff acting in a position of authority; (iii) Evolving principles on the assessment of damages for wrongful termination and award of punitive damages as an appropriate remedy in cases involving sexual harassment and conduct that undermines a safe workplace
The Claimant was employed by the Defendant as an Assistant Human Resource Manager. Her case was that barely two weeks into her employment, she became subjected to persistent sexual harassment by the Defendant’s General Manager, Mr. Pedro Emuata (“Pedro”), which continued for approximately six months. She asserted that she reported the alleged harassment to the Defendant’s Management via an e mail dated 7 September 2020, but no investigation was conducted and no outcome or report was communicated to her. According to the Claimant, two days after her
complaint, Pedro informed her that Management had requested that she resign honourably. She contended that these events demonstrated that the Defendant not only failed to address her complaint but actively condoned the alleged harassment.
Following a demand letter written by her Solicitor seeking an apology for the treatment meted out to her, the Defendant terminated her employment by a letter dated 21 September 2020 without stating any reason for the termination. The Claimant further alleged that the Defendant failed to pay her salary for the month of September 2020 and one month’s salary in lieu of notice.
