Industrial Court converts dismissal to termination, orders WAEC to pay terminal benefits within 60 days

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Ibadan—His Lordship, Hon. Justice Faustina Kola-Olalere of the National Industrial Court sitting in Ibadan has converted the wrongful dismissal of Mr Adeleke Waheed from the service of The West African Examinations Council to employment termination, ordered payment of his terminal benefits in line with the terms and conditions of employment less his indebtedness, and 250 thousand Naira cost of action within 60days.

 

The Court held that WAEC did not follow due process in dismissing Adewale.

 

From fact, the claimant- Adewale was employed by the defendant and served the Council for a period of 22years in various capacities until he was issued a query on alleged misconduct, faced disciplinary panel before he was dismissed via a letter dated 13th May 2015. Mr Adewale submitted that his dismissal was not in accordance with due process and a breach of the Conditions of Service that regulates his appointment.

 

In opposition, the defendant-WAEC stated that the Adewale dismissal was based on the report of the panel that investigated the misconduct and it was in line with the Rules of Natural Justice and due process urged the court to dismiss the case.

 

Furthermore, Counsel to the claimant, Olaniyi George Esq with O.G. Oboh Esq contended that the panel did not recommend dismissal in its findings and investigation urged the Court to declare the dismissal as invalid and to reinstate the Claimant to his position or in the alternative award damages.

 

Delivering the Judgment after careful analysis of the submissions of both parties, the presiding Judge, Justice Kola-Olalere held that the mere fact that the claimant was given query and he answered the query has not satisfied the peculiar requirement/obligation of the defendant on the conditions of service.

 

“The Panel came up with its report and conclusion that the claimant is not culpable of any of the allegations and it recommended no sanction or punishment against the claimant. With the content of the 3-Man Panel’s Report, one then wonders which report the Management of the defendant acted upon in dismissing the claimant in this case. Based on these findings, I hold that the defendant had no bases for dismissing the employment of the claimant as it did in this case.

 

“Consequently, I declare that the dismissal of the claimant was done wrongly and without due process, contrary to the terms and conditions of the claimant’s employment. The said dismissal through letter of dismissal is accordingly set aside.” Justice Kola-Olalere ruled.

 

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