Just In: Industrial Court Declares Employment Termination Null and Void, Order Re-Instatement of Chijioke Daniel Into the Service of FRSC Within 30 Days

• 1780 Friday 20th July 2018

 

 

Enugu---His Lordship, Hon. Justice I. J. Essien of the National Industrial Court of Nigeria, sitting in Enugu on Friday 20th July 2018 in a landmark judgment declared the purported termination of appointment of MR. CHIJIOKE CHIMEZIE DANIEL(claimant) by the FEDERAL ROAD SAFETY COMMISSION(defendant) through a letter dated 12^th November, 2015 null and void and of no effect whatsoever, ordered re-instatement into the service as a staff of the FRSC within 30 days from today.

 

By a complaint filed on the 2^nd March, 2016 the claimant sought the following reliefs among others against the defendant; A declaration of this court that the purported termination of appointment of the claimant by the defendant through a letter dated the 12^th day of November, 2015 without fair hearing is wrongful, unconstitutional, null and void and of no effect whatsoever and An order of this Court directing the defendant forthwith to re-instate the claimant to his employment with the defendant and place the claimant at par with his counterparts in the service of the defendant with all promotions, salaries, emoluments and other perquisites of office due to him.

 

The claimant in this suit was by a letter of provisional offer of appointment dated 24^th April, 2001 employed as a driver on a probationary period of two years.  The claimant’s appointment was confirmed after two years via a letter dated 20^th May, 2014.  On 12^th November 2015, the claimant was terminated of his appointment with the defendant.  The claimant served the defendant a pre-action notice on 21^st December, 2015 and later commenced this action against the defendant. 

 

The defendant contends that the defendant had the powers to terminate the claimant by giving a month notice or one month salary in lieu of notice, which the defendant claimed they rightly did and directed the claimant to report to the Finance and Account Department in Abuja to be paid his entitlement.  No reason is stated by the defendant for terminating the claimant. 

 

It is the position of the defendant that even assuming the termination was wrongful this court cannot order re-instatement because this court has no power to impose a willing employee on an unwilling employer.

 

The claimant counsel contends that the claimant employment is one with statutory flavor that the remedy for termination of contract with statutory flavor is re-instatement.

 

After reviewing the argument, processes filed and the submissions of learned Counsel for both parties, the Court Presided by Hon. Justice I. J. Essien expressed that a staff or employee of the commission whose appointment has been confirmed can only be terminated upon the commission of an offence and the recommendation of the FRSC Disciplinary Panel.

 

“The combined effect of the main Act and the regulation on maintenance of discipline being a subsidiary legislation made pursuant to the Road Safety Commission (Establishment) Act cloths the employment of the claimant in this suit with the status of an employment with statutory flavour.

 

“It is not the intention of the legislature that an employee of the defendant whose appointment has been confirmed can be terminated with a month’s notice or salary in lieu of notice.  This so because it is the intention of Public Policy that an employee in public service enjoy the full tenure of his employment and at the end retire honourably with the benefits accruable to him except where terminated on the grounds of misconduct.

 

“On the whole the claims of the claimant succeeds.  Judgment is hereby entered in favour of the claimant in the following terms:

 

“It is hereby declared that the purported termination of appointment of the claimant by the defendant through a letter dated 12^th November, 2015 is null and void and of no effect whatsoever.

 

“The letter of termination dated 12^th November, 2015 is hereby set aside and the claimant is re-instated into the service as a staff of the defendant.

 

“The defendant is hereby ordered to compute and pay to the claimant all his arrears of salaries, increments allowances and all other entitlement from the 12^th November, 2015 to the date of this judgment.

 

“The defendant shall pay the sum of N500,000 as general damages to the claimant for the unlawful termination of this claimant’s appointment.

 

“The defendant shall comply with the terms of this judgment within 30 days from today.” His Lordship declared.

 

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