Justice Olufunke Anuwe of the Abuja Division of the National Industrial Court has dismissed the alleged unlawful employment termination claim filed by Isyaku.
The judgment on Wednesday, which was in favor of his employer was dismissed for lack of merit.
Isyaku is a staff of Federal Judicial Service Commission (FJSC).
Background
The court found that Isyaku’s claim regarding not receiving an invitation or an opportunity to defend himself, which he argued was a mandatory requirement, did not hold merit.
The FJSC’s regulation in the disciplinary process for serious misconduct, specifically for absence from duty without leave, does not mandate such invitations.
In his submission, Isyaku revealed that he had been deployed to the Court of Appeal after his employment.
He stated that apart from a query received on January 12, 2010, he did not receive any other query or complaint concerning dereliction of duty before his salary was stopped in July 2013.
Surprisingly, on July 10, 2018 he received a dismissal letter dated June 22,2016 without any prior invitation or opportunity to defend himself.
During cross-examination, Isyaku disclosed that he had been issued a query in January 2010 for a three-month absence from work.
He had been absent from the office from May 2010 to January 2011 on health grounds.
The defendant of the FJSC argued that Isyaku’s dismissal was due to multiple instances of unauthorized absence from the office for about five years.
The Commission contended that the employment termination was executed in compliance with the Commission’s regulation.
The FJSC asserted that because Isyaku had abandoned his duty post and could not be reached, his dismissal letter could not be served until his whereabouts were ascertained on July 10, 2018.
Additionally, they pointed out that, under the Commission’s Regulation, Isyaku, by absenting himself from duty without permission, was not entitled to an invitation or a disciplinary procedure before his dismissal.
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Court’s Decision
Justice Anuwe in her judgment held that it was Isyaku’s absence from duty without permission that led to his dismissal from service by the Federal Judicial Service Commission.
The judge noted that Isyaku failed to convince the court that he was not absent from duty without permission during the period of October 6, 2009, to January 12, 2010.
The judge held that Isyaku merely stating that he was never given an invitation or an opportunity to defend himself did not meet the requirement for him to plead and prove the procedure by which he could be dismissed.
Justice Anuwe affirmed that the FJSC is not obligated under the conditions of service to invite Isyaku for a disciplinary hearing and allow him to be heard before dismissal for the serious misconduct of absence from duty without leave.
Consequently, she said “I find no reason to interfere with the procedure adopted in dismissing the Claimant or with the Claimant’s dismissal,“