Hon. Justice Ikechi Nweneka of the Lagos Judicial Division of the National Industrial Court has declared the termination of Mrs Ajibola Aishat’s employment by the Management Board of Olabisi Onabanjo University Teaching Hospital and 6 others as wrongful.
The Court granted an order setting aside the letter of termination issued in November 2020 to Mrs Ajibola Aishat and directed the Management Board of Olabisi Onabanjo University Teaching Hospital to reinstate Mrs Ajibola to her employment without loss of rank or promotion.
Justice Nweneka ordered the Management Board of Olabisi Onabanjo University Teaching Hospital to pay Mrs Ajibola Aishat all her salaries from December 2020 up to the date of her reinstatement.
From facts, the claimant, Mrs Ajibola Aishat, a Principal Nursing Officer in the employment of the Management Board of the Olabisi Onabanjo University Teaching Hospital, had submitted that she participated in an online interview in her personal capacity as a nurse, where she discussed her activism and issues concerning one of the staff at the hospital who was a victim of the issue nurses were faced with. In November 2020, she received a query from the Director of Administration regarding her participation and comments on the Nurses Association. Still, she denied that her actions constituted misconduct warranting disciplinary action.
Mrs Ajibola Aishat stated that she was issued a query, appeared before an investigative panel and the Senior Staff Disciplinary Committee, and that her employment was terminated without obtaining the approval of the Management Board as required by law. Mrs Ajibola Aishat further alleged that she was denied access to the hospital premises after the termination of her employment and that her one-month salary in lieu of notice was not paid as stipulated, and she alleged unfair labour practices, victimisation, and discrimination.
In defence, the defendants, the Management Board of Olabisi Onabanjo University Teaching Hospital, and others contended that Mrs Ajibola Aishat engaged in misconduct by granting an unauthorised interview contrary to the Public Service Rules.
The Hospital and 6 others, however, maintained that Mrs Ajibola Aishat was given a fair hearing, issued a query, appeared before disciplinary panels, and that due process was followed in terminating her employment.
The Hospital insisted that Mrs Ajibola Aishat was not harassed, victimised, or discriminated against, and urged the Court to dismiss the case with costs.
In opposition, Mrs Ajibola Aishat’s counsel, Adekunle Manuwa Esq., argued that the Hospital violated the employee handbook by terminating his client’s employment, as the duty to do so lay with the Board, which was not in place when Ajibola Aishat’s appointment was terminated. The Court was urged to hold that due process was not observed, rendering the termination illegal, null, and void.
In a well-considered judgment, Hon Justice Ikechi Gerald Nweneka held that the employment of Mrs Ajibola Aishat is statutorily regulated and that the Conditions of Service vest disciplinary powers in the Management Board.
Justice Nweneka held that there is no evidence before the court that the Management Board’s approval was obtained before Mrs Ajibola’s employment was terminated, as both parties agreed that there was no Management Board in place at the time Ajibola’s employment was terminated on 25th November 2020, and that the Board was inaugurated on 7th December 2020.
The Court further stated that, notwithstanding that the Management Board of the Olabisi Onabanjo University Teaching Hospital granted Mrs Ajibola a fair hearing in the proceedings leading up to the termination of her employment, the defendants failed to obtain the Board approval or the approval of the relevant supervising Commissioner for the termination of Mrs Ajibola’s employment, and declared the termination as wrongful.
Justice Nweneka held that Ajibola Aishat’s allegations of harassment, victimisation, discrimination, and unfair labour practices against the Hospital and others were not proved and therefore failed.
The Court refused Ajibola’s claims for damages, cost of action, pension remittances and other monetary reliefs for lack of pleadings and proof, while granting reinstatement and arrears of salary as the appropriate remedies for wrongful termination of a statutory employment.