Court Reverses 90 Edo Workers’ Sacking

The Benin Division of the National Industrial Court of Nigeria, has nullified the sacking of workers of the Edo State College of Agriculture, Iguoriakhi, Edo State, Southern Nigeria.

Gatekeepers News reports that the court also ordered the payment of N4m compensation to each of the affected workers and a general damage of N500,000 each.

The workers instituted the court action in August 2018 as a result of the termination of their appointments by the state government, which said it was restructuring the institution.

Justice Abiola Adewemimo while delivering the judgment in the suit no. NICN/BEN/25/2018 between Mr Imhenrion Martin, Mr Adorolo Michael, Mr Osayande Clifford, Mrs Mercy Ozabor and Mr Eikhor Nosakhare Abel and the Edo State Government, the Commissioner for Agriculture and Natural Resources, the Attorney-General and Commissioner of Justice, Provost of the College of Agriculture, Iguoriakhi, and the Governing Council of the college, said the compensation should be paid to 90 affected workers within 30 days and failure to do same, the amount would attract an annual interest of 10 per cent.

She said the state government was wrong to have claimed that the workers were temporary employees, as their letters of employment indicated a period of probation, which she noted did not translate to them being temporary workers.

“This court is to check unfair labour practices and for the defendants to say their employment was temporary connotes unfair labour practices,” Adewemimo stated.

She said even though an employer had the right to terminate employments, such actions must be done in accordance with established conditions of service.

Adewemimo noted that the state government did not do that in the case.

Adewemimo further stated that the government did not show any evidence that the school was no longer in existence, but that it was being restructured and it would be difficult to reinstate the workers as demanded.

She said the special damages in the form of salaries and promotions claimed by the workers could not be given because they did not prove them with the statutorily required documents to enjoy such benefits.

Counsel to the workers, Matthew Edaghese, while reacting to the judgment said the court had in its wisdom held that the termination of appointment was null and void as it negated all known and relevant labour laws.

“It was a reckless executive indiscretion. This is a warning to members of the executive arm of government that they are governed by the laws of the land and they are not laws unto themselves,” he stated.