Court Orders Ekiti University To Reinstate 85 Disengaged Staff

The Presiding Judge Akure Judicial Division of the National
Industrial Court, His Lordship, Hon. Justice Kiyersohot Damulak has
ordered Ekiti State University to immediately reinstate Miss
Fajembola Mary and 84 others disengaged staff, with payment of
their salaries, emoluments, and allowance from the date of their
unlawful termination till date within 30 days.

The Court held that the University and its Governing Council did
not comply with the provisions of the employment Regulations in
disengaging the staff, that the manner the purported termination
was done was unlawful, null, and void; ordered the University to
pay each of the staff cost of Fifty Thousand Naira Only.

From facts, the claimants – Fajembola Mary and 84 others had
submitted that they were non-teaching staff that their appointments
were terminated on 5th December 2019, without any offence and were
not queried and none of them was made to face any disciplinary
panel prior to their disengagement that the procedure used to
disengage them from service is unknown to their conditions of
service.

In defence, the University and its governing council maintained
that the university could no longer cope with humongous wage bill
that they have other overwhelming responsibilities to ensure the
sustainability of the university, that the employment of the
claimants was terminated in conformity with the governing
regulations and the provisions for termination of employment.

In reply, claimants counsel, O.O Ayenakin Esq opined that the
condition that either party could terminate the appointment by
notice does not refer to their category that the disengagement run
afoul of the law and unmeritorious, urged the court to grant the
relief sought.

Delivering the Judgment, the presiding Judge, Justice Kiyersohot
Damulak held that the university did not comply with the
regulations governing the service of the Senior/Junior staff of the
University and that also makes the disengagement null and void.

“The implication of all these is that since the claimants’
employment enjoys statutory flavour, the claimants are entitled to
an order of reinstatement and any amount owed them before their
disengagement and thereafter till retirement and I so order.

The Presiding Judge Akure Judicial Division of the National
Industrial Court, His Lordship, Hon. Justice Kiyersohot Damulak has
ordered Ekiti State University to immediately reinstate Miss
Fajembola Mary and 84 others disengaged staff, with payment of
their salaries, emoluments, and allowance from the date of their
unlawful termination till date within 30 days.

The Court held that the University and its Governing Council did
not comply with the provisions of the employment Regulations in
disengaging the staff, that the manner the purported termination
was done was unlawful, null, and void; ordered the University to
pay each of the staff cost of Fifty Thousand Naira Only.

From facts, the claimants – Fajembola Mary and 84 others had
submitted that they were non-teaching staff that their appointments
were terminated on 5th December 2019, without any offence and were
not queried and none of them was made to face any disciplinary
panel prior to their disengagement that the procedure used to
disengage them from service is unknown to their conditions of
service.

In defence, the University and its governing council maintained
that the university could no longer cope with humongous wage bill
that they have other overwhelming responsibilities to ensure the
sustainability of the university, that the employment of the
claimants was terminated in conformity with the governing
regulations and the provisions for termination of employment.

In reply, claimants counsel, O.O Ayenakin Esq opined that the
condition that either party could terminate the appointment by
notice does not refer to their category that the disengagement run
afoul of the law and unmeritorious, urged the court to grant the
relief sought.

Delivering the Judgment, the presiding Judge, Justice Kiyersohot
Damulak held that the university did not comply with the
regulations governing the service of the Senior/Junior staff of the
University and that also makes the disengagement null and void.

“The implication of all these is that since the claimants’
employment enjoys statutory flavour, the claimants are entitled to
an order of reinstatement and any amount owed them before their
disengagement and thereafter till retirement and I so order.