Back

The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

LIVE Proceeding VIRTUAL COURT

News


NABTEB: Industrial Court Nullifies Employment Termination, Orders Staff Re-Instatement, Payment of Salaries from Oct. 2004 till Date


1331 Sunday 26th May 2019

 

Akure –His Lordship, Hon. Justice Adunola Adewemimo of the National Industrial Court of Nigeria, sitting in Akure has declared the termination of the Mr. Idongesit Udom from the employment of National Business and Technical Examination Board (NABTEB) as unlawful, null and void, ordered reinstatement and payment of all arrears of salaries from 15th October 2004 till date.

 

The court held that apart from the fact that the Defendants have in no way justified the reasons stated in the letter of termination, they have not also satisfied the statutory procedure and Regulations in the termination of the services of the claimant from their employment.

 

In summary, the case was transferred from the Federal High Court of Justice, Benin, Edo State on 13th June 2016 whereupon the claimant filed his complaint and sought against the Defendants among others for; A declaration that his termination was unlawful, wrongful and against Regulations. An Order for reinstatement of his appointment, and Payment of his salary from 15th July 2004 to date.

 

The claimant made out a case that he was employed by the Defendants on the 15th of August, 1997, that sometimes in the year 2004, there was a case of misplacement of question papers which occurred under his watch that resulted in the defendants setting up a panel to investigate the issue. 

 

The claimant stated that he was orally invited to appear before the panel and testified, he, however, alleged that the findings of the panel were never made known to him. He stated in addition that he was not issued with any query or warning of any kind on the issue thereafter, but was surprised to learn about the termination of his appointment few days later.

 

He queried the composition of the Investigation Panel and added that he was not given fair hearing before his dismissal.

 

The defendant, on the other hand, contended that the claimant was negligent in handling sensitive examination materials and was consequently liable to dismissal.

However, upon careful consideration of the claimant’s plea for mercy before the 1st Defendant’s panel of investigation into the issue, it was recommended that his service should be terminated, and he should be paid three months’ salary in lieu of notice which the claimant graciously accepted.

 

The Defendants raised issues of law in their pleadings that the suit is statute barred contrary to the provisions of the Public Officers Protection Act.

 

The defendants submitted that the allegation against the claimant was duly disclosed to him and stated that the Claimant was afforded fair hearing and urged the Court to discountenance the allegation of lack of fair hearing.

Learned counsel to the Claimant submitted that the Claimant’s appointment is statutory flavored and stressed that the laid down procedure guiding the employment is as contained in the NABTEB Regulations Governing the Service of Senior Staff, The Public Service Rules and the Memorandum to the letter of appointment of Claimant.

 

After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides, the Court presided by Hon. Justice Adunola Adewemimo held that the entire process leading to the employment termination qualifies as an exception to the Public Officers Protection Act as the Defendants acted completely outside the colour of their office.

 

“Furthermore, going by the Public Service Rules, there is no record of any query given to the claimant nor was he tried before a properly constituted disciplinary committee contrary to the tenets of natural justice and Section 36(1) of the CFRN 1990 (as amended).

 

“It is on record that the claimant in the instant case was not accused of examination malpractice, hence I find that the contention of the claimant that the appropriate body to try him on the allegation of mis-sorting of live questions is the Post Examination Committee of the 1st Defendant.

 

“It is based on the above reasoning that I find that apart from the fact that the Defendants have in no way justified the reasons stated in the letter of termination, they have not also satisfied the statutory procedure/ Regulations in the termination of the services of the claimant from their employment.

 

I find that the acceptance of the three months’ salary in lieu of notice by the claimant in this suit cannot vitiate the unlawful termination of his employment." Justice Adewemimo rules

 

In all, the court declared the termination of the claimant from the employment of the defendants as unlawful, null and void ab-initio, ordered that claimant be reinstated and be paid all the arrears of his salaries from 15th July 2004 till date less the three months’ salary in lieu which he already collected.

 

His Lordship awarded the cost of N200,000 against the defendant and declared that all monetary sum awarded shall attract the interest of 20% per annum until finally liquidated.

 

For Full Judgment, Click Here