Industrial Court awards N5 Million Damages against WAEC for Wrongful Dismissal

The presiding Judge, Minna division of the National Industrial
Court, His Lordship, Hon. Justice K. D. Damulak has converted the
dismissal of Talatu Isah by West African Examination Council (WAEC)
to employment termination with effect from November 2017.

The court declared the purported dismissal as wrongful, awarded
a sum of 5 Million naira damages and 200 thousand naira cost of
action against WAEC and to be paid within 30 days.

The claimant- Talatu Isah was queried for exams malpractice
which she answered, faced a disciplinary panel, suspended and later
recalled from suspension and was dismissed on the 20th day of
November 2017.

She sought for an order of the court to set aside the dismissal,
reinstatement and payment of her salaries from the date of
dismissal till date.

She opined that there are several procedural irregularities
apparent in the entire process that culminated in her dismissal,
ranging from non-compliance with the Rules and procedures for
disciplining an erring staff.

Counsel to WAEC maintained that Claimant’s dismissal was in
accordance with the Conditions of Service and further submitted
that the claimant was dismissed for alleged misconduct and was
given fair hearing before her dismissal.

In opposition, the claimant counsel further submitted that no
evidence before the Court showing that the Claimant was guilty of
any misconduct.

Delivering the Judgment, the trial Judge, Justice Damulak held
that no proof of misconduct against the Claimant before the panel
to warrant a recommendation of her dismissal that the conclusion
and recommendation of the panel were perverse.

The Court converted the dismissal of the claimant to termination
with effect from the date of dismissal, and ordered defendant to
pay to the claimant the sum of N110, 831(one hundred and ten
thousand, eight hundred and thirty one naira) as one month salary
in lieu of notice, 5 Million Naira as damages and 200 thousand
naira cost of action within 30 days.

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