The National Industrial Court has ordered a school, Trinity Model Academy, to pay its former staff member, Lucy Agabo, N2 million for psychological trauma which resulted from unlawful termination of her employment.
The presiding judge, Justice Isaac Essien, on Monday, May 15, declared the action of the school as unlawful, null, and void, saying it was done in breach of the claimant’s fundamental rights to fair hearing.
Justice Essien also ordered the school to pay the claimant (teacher) N200,000 as cost of action within 30 days.
From facts, the claimant stated that she was employed by the defendant as a classroom teacher in September 2017 and was issued a letter of termination on April 5, 2019, on the grounds of alleged gross misconduct.
She asserted that she never engaged in any act of misconduct and was never issued a query before her termination.
Agabo added that the termination was an attempt to destroy her teaching career which she worked tirelessly to build over the years and to further prejudice her chances of job prospects in the future.
The school, however, said Agabo was found guilty of the offence of gross misconduct.
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The school in addition argued that because the appointment of the claimant was temporary in nature, it did not need strict adherence to statutory provisions but from the condition of service drawn from the instrument of employment.
It further urged the court to dismiss the case in its entirety.
In response, Agabo’s counsel argued that the probation period was supposed to be for one academic calendar year, adding that his client had become a permanent staff from September 2018 when the new academic session commenced.
The lawyer stated that the claimant was no longer a temporary staff when her appointment was terminated, urging the court to grant the reliefs sought.
Justice Essien, after evaluating the submissions of both parties, declared that the failure of the school to confirm the employment of the claimant after one academic session and continuing to hold her in the employment was nothing but an unfair labour practice.
He added that the claimant was deemed to have been confirmed by operation of the law after one academic session.
The judge equally ruled that the failure of the defendant to issue the claimant a query as provided in the contract of employment which would have afforded her the opportunity to defend the allegation of misconduct made against her was a clear breach of the right to fair hearing as guaranteed by the 1999 Constitution as amended.
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