Position of the Law on Termination of Employment with Statutory Flavour

CASE TITLE: EKSU & ORS v. FAJEMBOLA & ORS (2022) LPELR-57501(CA)

JUDGMENT DATE: 4TH APRIL, 2022

PRACTICE AREA: LABOUR LAW

LEAD JUDGMENT: ABDUL-AZEEZ WAZIRI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the Termination of Employment with Statutory Flavour.

FACTS

This is an appeal against the judgment of the National Industrial Court of Nigeria Akure delivered on the 28th day of January, 2020 by Hon. Justice K D Damulak.

The Respondents, who were the Claimants in the trial Court, instituted an action against the Appellants wherein they sought, inter alia, an order setting aside the provisions of the Ekiti State University, Ado – Ekiti regulations governing the senior staff and the provisions of Ekiti State University, Ado Ekiti regulations governing the service of Junior Staff stating that the employment of confirmed Senior and Junior Staff of the 3rd Appellants can be terminated by notice or payment in lieu of notice the said provision being incompatible with the employment status of the Respondents as statutory employees; a declaration that the disengagement of all the Respondents from their appointments is illegal, null and void; an order reinstating all the Respondents to their appointments and to their salaries and allowances from the date of disengagement to the date of judgment and thereafter, and an order directing the Appellants to pay the Respondents their three months salaries which remains unpaid by the Appellants.

In its considered judgment, the trial court found in favour of the Respondents.

Dissatisfied, the Appellants appealed.

ISSUES FOR DETERMINATION

The appeal was determined upon consideration of the issues thus:

1. Whether in the entire circumstance of this case, the learned trial judge was not wrong to have nullified the termination of the employment of the respondents from the service of the 1st Appellant.

2. Whether the learned trial Judge was not wrong to have granted the reliefs sought by the respondents and ordered a cost of N50.000.00 each in favour of each of the respondents.

DECISION/HELD

In the final analysis, the appeal failed and was dismissed.

RATIOS:

• LABOUR LAW – EMPLOYMENT WITH STATUTORY FLAVOUR: Meaning of employment with statutory flavour; how same can be terminated
• LABOUR LAW – EMPLOYMENT WITH STATUTORY FLAVOUR: Whether the termination of employment with statutory flavour must be done in strict compliance with the provisions of law governing such appointment
• EVIDENCE – ADMISSION/ADMITTED FACT(S): Whether admission/admitted facts need further proof