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His Lordship, Hon. Justice K. D. Damulak of the National Industrial Court of Nigeria, Sokoto Judicial Division on Thursday 19th April in a judgment declared suspension of staff without pay as wrongful, null and void, same being in contravention of the company staff Handbook.
From facts, the claimant had submitted that on 2/1/2013 she proceeded to on leave and on resumption of duty she was served with a letter of suspension without pay, that she complained bitterly and the decision to suspend her was taken in her absence without an opportunity for her to defend herself.
That she engaged the firm in series of communication through her counsel but the replied that the decision taken was in line with the defendant’s staff hand book urged the court to grant the reliefs sought.
In defence, the firm relied on the case of the claimant, urged the court to dismiss the case for lacking merit.
After reviewing the argument of the parties, the presiding Judge, Hon. Justice K. D. Damulak held that even if the claimant was entitled to fair hearing, the issuance of a query, on the day the suspension was issued, to which she answered, meets the requirement of fair hearing in the circumstance of this case
“The position of the law is that the employer, though has a right to punish or discipline his employee, is not at liberty to mete out any kind of punishment or discipline he wishes on his employee; he must act within the terms of contract which in this case is the staff handbook.
“I find that the defendant’s staff handbook did not provide for suspension without pay, the suspension of the claimant without pay is in violation of the terms of contract. It is hereby declared wrongful. The suspension of the claimant without pay is hereby nullified and set aside.
“I accordingly find that the claimant is entitled to be paid her salaries for the period of her wrongful suspension from January, 2013 till today the 19th day of April, 2018 and I so order against the defendant.” Justice Damulak
