The Presiding Judge, Yola Judicial Division of the National Industrial Court, Hon. Justice Agbadun Fishim has converted the dismissal of a lecturer, Mr. Jonah from service of the Federal Polytechnic, Mubi to termination with effect from the date of his purported dismissal 12 December 2018, and ordered that all benefits that accrued to him as at that date be paid to him.
The Court held that the punishment of dismissal with its attendant consequential on the future of Mr. Jonah is unjustifiable and cannot stand because the Federal Polytechnic, Mubi and its Governing Council failed to establish the reason for the said dismissal.
From facts, the claimant- Mr. Felix Jonah had submitted that he was not aware that he was given two queries between 27th and 29th October 2015 but agreed that he was given a query on 16 June 2016 by his Head of Department over abscondment from place of work which he responded to.
Mr. Jonah argued that he was not given a fair hearing because the prescribed procedure for the disciplinary action prescribed in the Polytechnic Staff Manual was not followed by the Defendant before he was dismissed from service, and urged the Court to grant the reliefs sought.
In defence, the defendants- Federal Polytechnic, Mubi and the Governing Council stated that the institution submitted that they were within their competence and power to dismiss Mr. Jonah and that due process were strictly complied as required by Law.
The learned Counsel to Polytechnic averred further that the Institution gave Mr. Jonah a query for abscondment from his duty post and was issued another query over an allegation of misconduct which he refused to appear before the Committee set up to investigate the issue, and cannot complain of fair hearing and urged the Court to dismiss the case.
Delivering judgment, the presiding Judge, Justice Agbadun Fishim held that Mr. Jonah was accorded a fair hearing and that the evidence before the Court shows that he (Mr. Jonah) appeared in two different committees set up by the management of the Federal Polytechnic, Mubi and the Committee set up by the Governing Council all of which Mr. Jonah was duly invited and he appeared and made out his case before, he was subsequently dismissed.
However, the presiding Judge, Justice Fishim stressed that the Law imposes on the Federal Polytechnic, Mubi and its Governing Council a duty to establish the reason for the termination of the employee’s employment to the satisfaction of the Court and the wrong-doing of the employee must be connected with International Labour standards and International best practices in Labour Employment and Industrial Relations matters which this Court has a duty to apply as empowered by the 1999 constitution as amended.
Justice Fishim stated that the reasons given for the dismissal of Mr. Jonah did not flow from the findings of the Investigative Committee and disagreed with the Federal Polytechnic Mubi and the Governing Council that the reason for the dismissal Mr. Jonah for the alleged misconduct was established.
Justice Fishim stated that the reason given for the dismissal of Mr. Jonah did not flow from the findings of the Investigative Report of misconduct against Mr. Jonah when the report did not clearly indict him.
On Mr. Jonah’s claim for reinstatement, the court stated that the conduct of Mr. Jonah regarding his attitude to work is that of neglect and constant abandonment of his duties as a Lecturer to his students and such conduct and attitude to work of Mr. Jonah cannot be tolerated by any employer.
“He indeed abandoned his duty to his employer as well as his Students. Surely his Students have all this while being deprived of his services which is unfortunate to say the least. In the circumstance, the Claimant does not deserve to remain in his employment having breached his duty to his employers.
“I hereby invoke sections 13, 14 and 15 of the National Industrial Court Act, 2006 and section 254c (1) (f) of the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010 and I hereby convert the Claimant’s dismissal from service to termination with effect from the date of his dismissal which is 12th December 2018. All benefits that accrued to him as at that date be paid to him. I so hold and declare. All other reliefs claimed are hereby refused” The Court ruled.
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