Media
- Home
- Details
Abuja –His Lordship, Hon. Justice O. O. Oyewumi of the National Industrial Court of Nigeria, Sitting in Akure has declared the downward reversal of status and demotion of the Mrs. Grace Abike Omawaye from GL14 to GL12 as unlawful, and set aside the demotion and reversal of harmonization of service letter dated 17th of March 2016.
The court ordered that claimant’s gratuity is to be computed based on her 35 years of service on GL14 and not 21 years
By an amended Writ of Summons, dated 17th March, 2017, the claimant claimed against the defendant among others; A DECLARATION that the downward reversal of status and demotion of the claimant which was communicated to her vide a letter dated 17th of March, 2016 but which was received by the claimant on the 23rd of March, 2016 is wrongful.
AN ORDER directing the defendant to effect or uphold the conversion and two outstanding promotions of the claimant from the post of Chief Community Development Inspector GL 14 of 1st January, 2007 to the post Deputy Director GL 15 with effect from 1st January, 2010 (after three years on GL 14 Statutorily required) and to the post of Director GL 16 with effect from 1st January, 2014 (after four years on GL 15 Statutorily required).
It is the claimant’s case that she was a staff of the defendant until her retirement. It is her testimony that she subsequently applied to the Ondo State Local Government Service Commission in December, 1994 where she was offered a temporary direct appointment on 15th December, 1994 and confirmed in 1995 as Assistant Community Development Inspector on GL07.
That by a letter dated 27th December, 1995 she was informed that her employment was harmonized to the rank of Community Development Inspector Grade I on GL09 Step 6. She continued that she enjoyed necessary promotions uptil the position of Chief Community Development Inspector on GL 14.
That sometimes in 2010 a complaint was made against her to the defendant, that the defendant in flagrant violation of the principles of fair hearing reversed the harmonization of her employment as approved on the 27th of December, 1995 to June, 2010 and unfairly demoted her from GL 14 to GL12.
That she protested the letter thereof which made the defendant at its plenary meeting of October, 2014 cancel the demotion and upheld the harmonization of her employment with a promise to repay all financial obligation it has incurred in the course of time But was not given a letter of reversal of her demotion as directed by the Permanent Secretary of the Local Government Service Commission.
That by a letter dated 17th of March, 2016 but delivered on the 23rd of March, 2016 the defendant affirmed her demotion and also by the same letter, she was informed that her retirement grade level is to be on GL13 instead of GL16 and that she had spent 21 years instead of 35years of service which will be used in the computation of her gratuity and pension.
The defendant stated that the claimant’s application for regularization of her appointment was improper in that her previous working experience and length of service does not qualify the Claimant on Grade Level 09.
It is the further position of the defendant that with the influence of the claimant’s husband it was misled to review the demotion of the claimant and upheld the claimant harmonization to Grade Level 09 step 06.
That in August, 2012 vide the report of the three man panel set up, it recommended that the claimant should be reverted from GL 14 to GL 12 and that she should be promoted to GL 13 by 1st of January, 2010.
The defendant denied reversing the said demotion and did not promise her any money or reinstatement. That the demotion was in line with the provision of its approved scheme of service and that the claimant is eligible to retire on Grade Level 14, urged the Court to dismiss the claimant’s action for being frivolous.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice O. O. Oyewumi expressed thus;
“Demotion is not a remedy that is freely available to employers to use as a disciplinary measure and Courts and tribunals have to be wary in ordering demotion.
“I have examined the Approved Scheme of Service for Local Government Employees in Nigeria 1992, there is no other document before me empowering the defendant to demote its staff for whatever reason.
“It is deducible from the record of Court before me that the defendant was approbating and reprobating, thereby toiling with the career/destiny of the claimant.
“Consequently, I hold that the defendant’s failure to adhere to the harmonization of the claimant vide a letter dated 27th December, 1995 is unlawful and thus the letter dated 23rd November, 2012 withdrawing claimant’s promotion as Chief Community Development Inspector GL 14 and letter dated 17th of March, 2016 are both set aside.
“However, the claimant has failed to prove that she was indeed promoted by the defendant to the Grade levels 15 and 16 she is claiming, this she did by not adducing credible and cogent evidence to support her claims as there is nothing on record to evince so.
In all, the court declared that the downward reversal of status and demotion of the claimant from GL14 to GL12 is unlawful, and set aside the demotion and reversal of harmonization of service letter dated 17th of March, 2016
His Lordship also declared that claimant’s gratuity is to be computed based on her 35 years of service on GL14 with the defendant and not 21 years and awarded the sum N500,000.00 against defendant as damages.
