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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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Industrial Court orders Rufus Giwa Polytechnic to pay disengaged senior staff school gratuity, pension within 30 days


1174 Thursday 30th September 2021

The Presiding Judge, Akure Judicial division of the National Industrial Court, His Lordship, Hon Justice Kiyersohot Damulak has ordered the Rufus Giwa Polytechnic to calculate and pay Mr. Adejuyigbe Folorunso and other disengaged senior staffs of the primary and secondary staff schools of their gratuity and pensions within thirty days.


The court held that all senior staff of the primary and secondary staff schools who have served for ten years and above are entitled to pension and gratuity as per the senior staff manual.


From facts, the claimants had submitted that 18 of them were staff of the staff secondary school while other 15 were staff of staff primary school, Rufus Giwa Polytechnic that they were issued a letter informing them that the primary and secondary schools of the institution had been closed down and their services were no longer required.


They averred that their disengagement was in contradiction of their conditions of service and their appointments cannot be terminated when they have not attained the mandatory age of retirement, urged the court to grant the reliefs sought.


In defense, the defendants- Rector, Governing Council of the Institution maintained that the appointments of the Adejuyigbe and 33 others are not regulated and governed by Rufus Giwa Polytechnic but by the specific terms and conditions stated in their various letters of appointment that the Claimants are not entitled to be paid any gratuity, pension and any other entitlement under any applicable Manual or conditions of services, that the disengagement of the claimants did not vitiate their letters of employment.


They submitted that the Claimants were rightly, lawfully, and validly disengaged from the services of the Staff Primary and Secondary Schools due to the circumstances beyond the reasonable control of the Polytechnic, urged the court to dismiss the case for lacking merit.


In opposition, counsel to Adejuyigbe Folorunso and 33 others, I. Oke-Chinda Esq averred that his clients were not disengaged as a disciplinary measure and their termination on the ground of services not required is foreign to their conditions of service, urged the court to grant their reinstatement and other reliefs sought.


Delivering the judgment, the presiding judge, Hon. Justice Kiyersohot Damulak held that the employment of Mr. Adejuyigbe Folorunso and 33 others were subject to the Polytechnic regulations, and the claimants who are senior staff are entitled to the gratuity and pensions prescribed by the said manual on the ground of having been disengaged as a result of the abolition of office.


“This excludes claimants who are junior staff as there is nothing in respect of their pension and gratuity before the court.”  Justice Damulak


Visit the judgment portal for the full judgment.