The presiding Judge, Minna division of the National Industrial Court, His Lordship, Hon. Justice K. D. Damulak has converted the dismissal of Talatu Isah by West African Examination Council (WAEC) to employment termination with effect from November 2017.
The court declared the purported dismissal as wrongful, awarded a sum of 5 Million naira damages and 200 thousand naira cost of action against WAEC and to be paid within 30 days.
The claimant- Talatu Isah was queried for exams malpractice which she answered, faced a disciplinary panel, suspended and later recalled from suspension and was dismissed on the 20th day of November 2017.
She sought for an order of the court to set aside the dismissal, reinstatement and payment of her salaries from the date of dismissal till date.
She opined that there are several procedural irregularities apparent in the entire process that culminated in her dismissal, ranging from non-compliance with the Rules and procedures for disciplining an erring staff.
Counsel to WAEC maintained that Claimant’s dismissal was in accordance with the Conditions of Service and further submitted that the claimant was dismissed for alleged misconduct and was given fair hearing before her dismissal.
In opposition, the claimant counsel further submitted that no evidence before the Court showing that the Claimant was guilty of any misconduct.
Delivering the Judgment, the trial Judge, Justice Damulak held that no proof of misconduct against the Claimant before the panel to warrant a recommendation of her dismissal that the conclusion and recommendation of the panel were perverse.
The Court converted the dismissal of the claimant to termination with effect from the date of dismissal, and ordered defendant to pay to the claimant the sum of N110, 831(one hundred and ten thousand, eight hundred and thirty one naira) as one month salary in lieu of notice, 5 Million Naira as damages and 200 thousand naira cost of action within 30 days.
For Full Judgment, visit Judgment's Portal