Industrial Court Dismisses Lecturer Reinstatement Claim Against UNILAG
Hon. Justice Joyce Damachi of the Lagos Judicial Division of the National Industrial Court, Hon. Justice Joyce Damachi has dismissed the case filed by one lecturer, Catherine against the University of Lagos challenging her employment termination from service for lacking merit.
The Court held that the University of Lagos Act does not require the Governing Council to hear from Catherine before approving its recommendation, and there was no breach of Catherine’s right to a fair hearing in the process that led to her termination of employment.
From facts, the claimant- Catherine had submitted that she travelled abroad on study leave since 2015, and that on November 19th, 2018, she received a query for being absent from work without permission, she responded that she was receiving specialist medical care and attention from her doctor abroad.
Catherine averred that upon her resumption, on 21 October 2019, she appeared before the Administrative Panel and the Senate Committee. In her further submission, Catherine stated that she wrote to the University severally to assign her with teaching courses, and to pay her outstanding salaries. That while she was advised to await the Management’s decision from the Panel, on 16 January 2023, her appointment was terminated.
Catherine maintained that with the issuance of welcome back letter, letter of directive to resume work immediately and the letter to appear before the committee, the University is estopped from further raising the issue of her late resumption from her Study Leave by July 31, 2015.
In defence, the University of Lagos posited that Catherine went on study leave with pay from the 1st of August 2010 to the 31st of July 2013 and it was extended twice with approval from the 1st of August, 2013 to 31st of August 2015 but she only resumed on 3rd July, 2018.
The University averred that Catherine’s disobedience to resume work despite the directives and claiming to be more comfortable receiving care from her Doctor is a breach of the University Regulations.
The learned Counsel to the University of Lagos submitted that the University complied strictly with the provisions of the Act before terminating Catherine’s employment and argued that no rule in the University Regulations provides that if a staff member is welcomed back after study leave any infraction of the staff amounts to a waiver.
In opposition, Learned Counsel to Catherine submitted and urged the Court to hold that the Administrative Panel and Senate Committee of the University of Lagos failed to act in good faith regarding his client, and also failed woefully in affording her fair hearing in their proceedings.
In a well-considered judgment, after careful evaluation of the submissions of both parties, the presiding Judge, Justice Joyce Damachi held that Catherine was afforded the principle of fair hearing and there was no breach of the right of Catherine to a fair hearing.
The Court ruled that the University of Lagos Act does not provide for the Governing Council to first hear from Catherine before approving its recommendation.
Justice Damachi stated that Catherine’s belief that the university was estopped from raising the issue of her late resumption to duty after her PhD programme beats the imagination of the court because she was aware her late resumption was an outstanding issue and yet to be decided one way or another.
In all, the Court dismissed Catherine’s claims against the University for lacking merit.
