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The Presiding Judge, Ibadan Judicial Division of the National Industrial Court, Hon. Justice Dele Peters has dismissed the alleged unlawful employment termination claim filed by Mr Ogundele against the Governing Council, Federal Polytechnic, Ilaro in its entirety for lack of proof.
The Court ordered Mr Ogundele to pay the Federal Polytechnic, Ilaro Governing Council the cost of the proceedings assessed at Two Hundred Thousand Naira (= N200,000.00) only.
From facts, the Claimant- Mr Ogundele had submitted that he was issued a Query on 21/9/16 for leaving his place of work without permission, which he responded and the Polytechnic, being dissatisfied with his response, set up a 3-man Panel after which he appeared.
Mr Ogundele stated that he also appeared before the Governing Board Disciplinary Committee on 12/7/17, after which his employment was terminated by a letter dated 14/7/17 based on the decision of the Governing Board Disciplinary Committee.
Mr Ogundele sought a declaration that Federal Polytechnic, Ilaro Governing Council wrongfully terminated his employment; sought for reinstatement and payment of all his outstanding wages from 14th July 2017 up to the date of his re-instatement, or alternatively payment of his wages up to his actual retirement date among others.
In defence, the defendant- Federal Polytechnic, Ilaro Governing Council argued that Mr Ogundele was appointed by the Governing Council; that the same Governing Council terminated his appointment having been found culpable of misconduct pursuant to the Federal Government Public Service Rules; Mr Ogundele was issued queries and he appeared before a Committee set up to look into his case, urged the Court to dismiss the case in its entirety.
In opposition, Mr Ogundele counsel argued that Polytechnic Governing Council without investigating whether his client claim of ill-health, the Polytechnic Governing Council burdened his client with Queries and subsequently invited him to face a disciplinary panel without stating on the invitation the purpose of the meeting, and urged the Court to declare that the employment of Mr Ogundele was unlawfully terminated.
In a well-considered judgment, the Presiding Judge, Justice Dele Peters reiterated that when a former employee alleges that his employment was wrongfully terminated the burden is on him to prove; and in discharging this burden, Mr Ogundele is expected to adduce evidence to support the wrongfulness of his disengagement.
The Court held that Mr Ogundele has neither questioned the power of the Polytechnic Governing Council to terminate his employment nor challenged the procedure followed by the Polytechnic Governing Council in ending his employment with the Institution, and refused the declaration sought against the Ilaro Polytechnic Governing Council for lack of proof.
On Mr Ogundele claim of the sun of =N=4,012,484.00 (Four Million, Twelve Thousand, Four Hundred and Eighty Four Naira for his CONTISS 15 payment from 1st January 2009 to 30th June 2013, Justice Peters ruled that Mr Ogundele claim is akin to a claim for special damages which must be specifically pleaded and strictly proved because it is not a matter of conjecture, assessment or estimation by the Court.
Justice Peters stated that to be successful in a claim for special damages, Mr Ogundele must do his homework properly and avoid leaving anything to be imagined by the Court.
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