The Abuja division of the National Industrial Court has ordered Trinity Model Academy, to pay the sum of N2 million to its sacked employee Mrs. Lucy Agabo.
Justice Isaac Essien gave the order on Monday while delivering judgment in the suit filed by Mrs Agabo.
The N2 million according to the court is for psychological trauma which resulted from the unlawful termination of her employment.
Background
Mrs. Agabo told the court that in 2017, the school employed her as a classroom teacher.
She averred that on April 5, 2019, she was issued a letter of sack on the grounds of alleged gross misconduct.
According to her, there was never a time she displayed any act of misconduct and was never issued a query before her sack.
She argued that the termination of her employment was an attempt to destroy her teaching career.
In response, the school averred that Mrs. Agabo was found guilty of the offence of gross misconduct.
The school told the court that Mrs. Agabo was employed temporarily hence, it did not need strict adherence to statutory provisions before terminating her employment.
Consequently, it prayed the court to dismiss the case in its entirety.
However, Mrs Agabo argued that she was on probation for one academic calendar however she was made a permanent staff when the new academic session commenced in September 2018.
She argued that she was a permanent staff before her appointment was terminated.
She prayed the court to grant the reliefs sought.
Court decision
Delivering judgment Justice Essien held that the school’s action was in breach of the claimant’s fundamental right to a fair hearing.
The court held that the school’s failure to confirm the claimant’s employment after one academic session and continuing to hold her in the employment was nothing but an unfair labour practice.
The court also held that the failure of the school to issue the claimant a query was a clear breach of the right to a fair hearing as guaranteed by the 1999 Constitution as amended.
The judge said “The defendant painted a horrific picture of the claimant as a dangerous person who should not be allowed to go near school children but failed to substantiate the allegations.
“I agree with the claimant that if this termination is allowed to stand the claimant may have difficulty furthering her career in the future.
” The defendant cannot, by an unlawful act, impede the claimant’s right to be gainfully employed in the future,”
The court ordered the school to pay Mrs Agabo the sum of N2 million and N200,000 as a cost of action within 30 days.
