Industrial Court Dismisses Don Entitlement Claim Against University of Calabar
The Presiding Judge, Calabar Judicial Division of the National Industrial Court, Hon. Justice Sanusi Kado has dismissed the case filed by Dr. Effanga against the University of Calabar for lacking merit.
The Court held that in the absence of any evidence that Dr. Effanga was re-engaged or offered fresh employment, Dr. Effanga has no basis for insisting on being in the employment of the University of Calabar after the expiration of her last renewed 1-year term on 23 June 2018.
Justice Kado stated that Dr. Effanga is not entitled to make any claim on notice or pay in lieu of notice that her contract of appointment had elapsed by effluxion of time.
From facts, the claimant- Dr. Effanga had submitted that the tenure of her contract was at first for two years, renewable yearly and she has completed 14 years, but, the University refused to renew the 15th contract.
She further averred that as at the time she received a letter dated 13/8/2018, from the University of Calabar of non-approval/termination of her contract she was still in the appointment of the defendant performing and discharging her duties and services to the knowledge of the University.
In defense, the defendant- the University of Calabar maintained that Dr. Effanga was not entitled to three months’ notice as her contract was not terminated by the University but rather lapsed in line with the tenure.
The University of Calabar averred further that Dr. Effanga had no authority or approval to commence the 15th contract appointment with the defendant. As there was no legal instrument issued to Dr. Effanga for the 15th contract appointment offering her another term, and urged the court to dismiss the suit with substantial cost against the claimant for being vexatious, wanton, and unmeritorious.
In opposition, the counsel to Dr. Effanga averred that the University of Calabar has about five months to communicate back to his client that upon the expiration of her tenure that her contract or services will no longer be required, but the University kept mute and caused his client to believe that the University will communicate back to her to continue in the employment, only for the University of Calabar to suddenly woke up from its slumber, and urged the Court to grant the reliefs sought.
In a well-considered judgment, the Presiding Judge, Justice Sanusi Kado held that Dr. Effanga has made heavy weather on unchallenged, un-contradicted evidence and that alone cannot ground success in securing declaration claims.
The Court further stated that Dr. Effanga is duty bound to convince the court that her contract of appointment was terminated by the de University of Calabar without three months’ notice or payment of three months’ salary in lieu of notice.
Justice Sanusi Kado held that where the term created had elapsed or completed, issue of notice or pay in lieu of notice will have no relevance as the contract has ended by effluxion of time.
The Court further stated that where tenure had elapsed as in this case, there is nothing left to terminate by giving three months’ notice or payment in lieu of notice that Dr. Effanga’s claim on termination is labouring under great misapprehension of the law.
