The Ibadan Presiding Judge of the National Industrial Court, His Lordship, Hon. Justice Dele Peters has ordered the immediate reinstatement of One Ogunjinmi Adebisi as Clerical Officer to the Oyo State Board of Internal Revenue, without any loss of employment rights with payment of all arrears of salaries plus allowances from 1st September 2015 till date.
The Court held that Oyo State Board of Internal Revenue did not comply with the procedure enshrined in the Public Service Rules in dismissing Adebisi from its employment; declared the dismissal as unreasonable, unjustifiable, and unfair labour practice.
From facts, the claimant- Ogunjinmi Adebisi had submitted that her dismissal was based on an unproven allegation and without affording her an opportunity of fair hearing, urged the court to grant the reliefs sought.
In defence, Counsel to Oyo State board of internal revenue, Adeola Adeleke Esq maintained that Adebisi was afforded the opportunity to defend herself over the allegation of misconduct that she could be summarily dismissed without recourse to the Court of law, urged the Court to so hold.
On the claim for aggravated damages, learned Counsel submitted that the Claimant is not entitled to any damages having failed to show by credible evidence how her right was trampled upon by the board and has not proved the quantum of damages, if any, suffered by her, urged the court to dismiss the case and grant the counterclaims.
In opposition, Adebisi’s Counsel, Oladapo Ajisegiri Esq with Ayo Omitola Esq submitted that the agency did not prove the allegation of misconduct against their client and did not comply with the procedures under the Public Service Rules urged the court grant the reliefs sought.
Delivering the judgment after careful perusal of the submission of both parties, the presiding Judge, Justice Dele Peters held that the procedure adopted by the Oyo State Board of internal revenue, Oyo State Civil service commission in dismissing Ogunjinmi Adebisi fell short of expectation within the meaning of the Public Service Rules.
The court further held that the dismissal of Adebisi was done contrary to the rules and procedure as laid down by the Defendants.
“Failure of the 1st Defendant to comply with and follow to the letters the rules is an unfair labour practice which this Court will not under guise condone.” Justice Peters
Lastly, the court dismissed all the heads of counterclaims for lack of proof and awarded the sum of Two Hundred thousand naira as cost of action against the board.
