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The Presiding Judge of the Enugu Judicial Division of the National Industrial Court, Hon. Justice Oluwakayode Arowosegbe, has set aside the termination of Mr Ofoegbu’s employment by the Orthopaedic Hospitals Management Board and ordered his reinstatement with effect from 15 November 2018.
The Court also ordered Mr Ofoegbu’s conversion and promotion to Administrative Officer II with effect from January 2013, with payment of his accrued backlog of salaries, and the sum of N10m as general damages within 30 days.
Justice Arowosegbe held that Mr Ofoegbu had established discrimination and unfair labour practice, finding that other employees who pursued full-time degree programmes and participated in the National Youth Service Corps scheme while in the Hospital Management’s employment were upgraded with their certificates and retained in service, whereas Mr Ofoegbu was singled out for disciplinary action and termination.
From facts, the claimant, Mr Ofoegbu, had submitted that the National Orthopaedic Hospital employed him as a Data Processing Officer I in January 2009, and averred that he pursued a degree programme at Enugu State University of Science and Technology and subsequently completed the NYSC programme. He relied on his academic and NYSC certificates in seeking conversion to the position of Administrative Officer II, contending that the National Hospital Management Board and 2 others had failed to recognise his qualifications and denied him the opportunity for career advancement.
Mr Ofoegbu further challenged the queries issued to him over his studies and NYSC participation, arguing that the Hospital Management’s actions were discriminatory and inconsistent with their treatment of other employees who had undertaken similar programmes while in service.
He further questioned the termination of his appointment by a letter dated in November 2018, which he maintained was wrongful and contrary to the applicable rules.
In defence, the Orthopaedic Hospitals Management Board maintained that Mr Ofoegbu had pursued a full-time degree programme despite the refusal of his application for study leave.
The Board further argued that Mr Ofoegbu embarked on the NYSC programme without approval and that the queries issued to him were not defective or statute-barred. They maintained that Mr Ofoegbu had not met the requirements for the requested conversion and that the disciplinary process, including the consideration of his conduct by the relevant committees, justified the action taken against him.
In a well-considered judgment, Justice Oluwakayode Arowosegbe held that Mr Ofoegbu had proved discrimination and unfair labour practice.
The Court found that the Board and 2 others failed to adequately address the cases of other employees who had engaged in similar conduct but were upgraded and retained in service, while Mr Ofoegbu was punished and his employment terminated.
The Court held that Section 42 of the Constitution bars discrimination on the enumerated grounds of sex, ethnic group, belonging to a particular community, place of origin, religion or political opinion.
The Court held that the discrimination and unfair labour practice established in the case formed the chain of events that led to the termination of Mr Ofoegbu’s employment.
Justice Arowosegbe ordered that Mr Ofoegbu be reinstated and promoted to Administrative Officer II with effect from January 2013, and also that Mr Ofoegbu be reinstated from Nov 15, 2018, when his appointment was maliciously terminated without loss of promotion to Administrative Officer II, as if his appointment was never terminated.
“For this reason, even if a law/policy/rule exists that forbids engaging in full-time study/NYSC while in full-time employment, once it is observed in the breach in favour of certain class of employees, the breach must go round across the board. One group of employees cannot enjoy it while another group is held to it, and even dismissed for the same offence. That offends the principle of equality of opportunity which is the bedrock of anti-discrimination law in employment relations.” – Justice Arowosegbe.
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