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The Presiding Judge, Yenagoa Judicial Division of the National Industrial Court, Hon. Justice Polycarp Hamman has declared that late Mr Weber Charles was a staff of the Bayelsa State College of Health Technology Otuogidi until his death., having not been retired, disengaged, dismissed or redeployed to any Department or Agency of the Bayelsa State Government.
The Court directed the Bayelsa State College of Health Technology Otuogidi, Its Provost and the Bayelsa State Government to pay the wife of the Late Mr Weber the sum of N3, 931, 218.60 (Three Million, Nine Hundred and Thirty-One Thousand, Two Hundred and Eighteen Naira, Sixty Kobo) being and representing the cumulative net salaries of the Late Mr. Weber owed him by the Bayelsa State College of Health Technology from May, 2018 to March 2nd, 2022 when he died within 30 days.
Justice Hamman awarded the sum of N1, 300,000,000 (One Million, Three Hundred Thousand Naira) as general damages in favour of Mrs Weber for the hardship and inconveniences suffered by Late Mr Weber and his family, and the sum of N700,000.00 (Seven Hundred Thousand Naira) cost of action.
From facts, the claimant- Mrs Weber had submitted that her late husband was dedicated to his duties until the 14th of May 2018 when the Bayelsa State College of Health Technology Otuogidi without any cogent reason put up an internal memorandum notifying him and other staff of the Institution that their names had been forwarded to the Bayelsa State Government for redeployment without stating the particular Department or Agency of the Bayelsa State Government to which they had been redeployed.
Mrs Weber averred that the Bayelsa State College of Health Technology, Otuogidi, withheld her late husband's monthly salaries from May 2018 to March 2nd, 2022, when he died.
She argued that since her late husband was not suspended, disengaged, retired, dismissed, or redeployed to any department or agency of the 3rd defendant, and was still a staff of the 1st defendant until his death, he is entitled to his monthly salaries and entitlements until his death.
In defence, the defendants-Bayelsa State College of Health Technology Otuogidi, Its Provost and the Bayelsa State Government maintained that the late Mr. Weber's appointment did not have the approval of the Governing Council of the Bayelsa State College of Health Technology, Otuogidi, and there was no advertisement for vacancies, and that his appointment was in breach of the College Regulations/Scheme of Service.
The defendants argued that the late Weber A. Charles refused to sign his letter of disengagement, and he cannot be heard to complain later that the contract of employment was not validly and properly determined, having accepted salary in lieu of notice of termination, urged the Court to dismiss the case in its entirety.
In opposition, Mrs Weber’s counsel posited that the contention of the Defendants that the appointment of late Weber did not have the approval of the 1st Defendant and that it was characterised by irregularities is sharply contradicted by the exhibits tendered.
Counsel averred that the payment of three months' salaries in lieu of notice cannot validate the illegal termination of the employment of Mrs Weber’s late husband given the fact that Mr Weber's employment with the Bayelsa State College of Health Technology Otuogidi is guarded by statutory flavour, and urged the Court to grant the reliefs sought.
Delivering judgment after careful evaluation of the submission of both parties, the Presiding Judge, Justice Polycarp Hamman, held that the employment of Mr. Weber had statutory protection, and the law expects the defendants to adhere strictly to the provisions of the statute or Regulations before any termination can be adjudged lawful.
The Court reasoned that from the state of the pleadings and the evidence on record, the defence put forward by the defendants flies in the face of the exhibits tendered.
Justice Hamman held that the late Weber was duly verified by the Bayelsa State Government as an employee of the State Government, as evidenced by exhibit CW004, that is not correct that late Weber's employment did not follow due process, and that there were no budgetary provisions to cater for his employment.
The Court stated that the payment of the three months’ salaries in lieu of notice cannot validate illegal termination of the employment of the late Mr Weber, given the fact that late Weber's employment with the Bayelsa State College of Health Technology was guarded by statutory flavour.
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