The National Industrial Court in Makurdi has declared the termination of employment of Mr. Lucky and three others by the Benue State Government as wrongful.
Justice Isaac Essien, presiding over the case, found that the state government had breached the terms and conditions of the employees’ contracts.
The court ordered the Benue State Government to pay a total of N1,857,092 to the affected employees. This sum includes N1,581,596 for unpaid salary arrears up to May 23, 2017, N75,496 as one month’s notice for damages, and N200,000 for legal costs.
Background
Mr. Lucky and three others who were initially hired as casual staff by the Benue State Government to work at the Government House.
In 2015, their status was upgraded to temporary appointments, signaling a change in their employment terms. However, the state government allegedly failed to pay their salaries for an extended period, accumulating significant arrears.
This action prompted Mr. Lucky and his colleagues to seek legal redress, arguing that their termination was wrongful and that they were owed substantial back pay.
The state government, on the other hand, maintained that the termination was within its legal purview, given the temporary nature of the appointments.
Court’s Decision
The court declared the termination of Mr. Lucky and his three colleagues as wrongful, citing a clear breach of their employment contract terms.
Justice Essien criticized the state government for failing to conduct a proper disciplinary inquiry, thus denying the employees their right to defend themselves against the allegations of misconduct.
Furthermore, the court noted that the government had neglected to provide the requisite one month’s notice or salary in lieu of notice, as stipulated in the temporary appointment letters.
In light of these findings, the court ordered the Benue State Government to pay a total of N1,857,092 to the claimants. This sum included N1,581,596 for unpaid salary arrears up to May 23, 2017, N75,496 as damages for the lack of proper notice, and N200,000 for legal costs.
Additionally, Justice Essien addressed a procedural matter by striking out the Governor of Benue State and the Benue State Ministry of Justice as defendants, deeming their inclusion in the suit unnecessary and improper.
