Kwara State University (KWASU) has been ordered by the National Industrial Court to pay its sacked staff Dr. David Atanda his three months’ salary in lieu of notice of the termination of his appointment.
KWASU was also mandated to calculate the claimant’s salaries, pay the three months’ income within 21 days, and award N200,000 as a cost in favor of the plaintiff.
Justice Kiyersohot Damulak, while delivering judgment, ruled out the allegation of wrongful employment termination filed by the claimant, Atanda, against the KWASU, for lacking merit, while stating that his appointment with the University was for a three-year probationary period.
The claimant submitted that he was alleged of misconduct and after facing a disciplinary committee, the university terminated his appointment on Oct. 10, 2016.
Atanda stressed that he was neither accorded a fair hearing nor given an opportunity to see, hear from, or cross-examine the individuals that allegedly made reports or complaints against him, pointing out that the institution acted ultra vires.
The claimant, averred that going by his letter of appointment, he should be given been or payment in lieu of the notice or three months’ notice of the termination, adding that the senior staff disciplinary committee and the University had no prerogative to investigate the allegation leveled against him.
In defence, the KWASU upheld that it followed the laid down procedure as provided by the University Law, and section 16 of the Kwara State Law, 2008, (Kwara State University Law, 2008), gave them the right to do so, adding that the claimant was afforded an opportunity to be heard and as well, cross-examined those that gave evidence against him.
The school further urged the court to dismiss the case in its entirety and told the court that the claimant was not entitled to any payments or payment in lieu of notice.
Following the evaluation of the submissions of both parties and careful evaluation of the submission of both parties, the court held that the claimant’s allegation of want of fair hearing was not proven and not justifiable.
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On the reinstatement claim, the court ruled that Atanda was not entitled to such an order, as the termination of his appointment was during the period of his probation.
The court, therefore, ordered the University to within 21 days, compute and pay Atanda three months’ salary in lieu of notice.