The National Industrial Court of Nigeria sitting in Benin City, has upturned the dismissal of workers of the Edo state College of Agriculture, Iguoriakhi.
Justice Abiola A. Adewemimo who handed out the judgement on Monday, also ordered a compensation of N4 million each for all the affected workers and a general damage of N500,000 to the claimants.
The Judge said the compensation should be paid to the almost 90 workers within 30 days, adding that failure to do same, will attract an annual interest of 10 percent.
Justice Adewemino held that the state government was wrong to have claimed that they were temporary workers.
According to her, “This court is to check labour practice and for the defendant to say their employment was temporary, connotes unfair labour practices.
“… Even though an employer has the right to terminate employments, such actions must be done in accordance with established conditions of service and the respondents did not do that in this case”.
She however said the special damages in the form of salaries and promotions claimed by the workers could not be given because they did not prove them with the statutorily required documents to enjoy such benefits.
Claimants in the suit, marked: “NICN/BEN/25/2018” are: Imhenrion O. Martin, Mr Adorolo O. Michael, Mr Osayande Clifford, Mrs. Mercy Ozabor, Mr Eikhor Nosakhare Abel.
The workers had instituted the court action in August 2018 to challenge the termination of their appointment by the State government.
The government had said they were restructuring the institution.
Counsel to the claimants, Matthew Edaghese lauded the verdict, adding that “this is a warning to the executive arm of government that they are governed by the laws of the land and they are not laws unto themselves.”
