BY IKHILI EBALU, BENIN CITY
National Industrial Court sitting in Benin, presided over by Justice Abiola A. Adewemimo yesterday, ordered the Edo state government to pay the sum of N4 million each to sacked staff of College of Agriculture, Iguoriakhi within 30 days.
Also awarded as damages, was the sum of N500, 000.
Delivering the judgment in the suit no NICN/BEN/25/2018 between Mr Imhenrion O. Martin, Mr Adorolo O. Michael, Mr Osayande Clifford, Mrs. Mercy Ozabor, Mr Eikhor Nosakhare Abel as claimants and Edo State Government, Commissioner for Agriculture and Natural Resources, the Attorney General and Commissioner of Justice, Provost of the College of Agriculture, Iguoriakhi and the Governing Council of the College as defendants, Justice Abiola A. Adewemimo said the compensation should be paid to the almost 90 workers within 30 days and failure to do same, the amount will attract an annual interest of ten per cent.
She said the state government was wrong to have claimed that the workers were temporary workers as according to her their letters of employment indicated a period of probation which she said does not translate to temporary workers. “This court is to check labour practice and for the defendant to say their employment was temporary connotes unfair labour practices”
She said even though an employer has the right to terminate employments, such actions must be done in accordance with established conditions of service and she said the Edo state government did not do that in this case.
Justice Adewemimo said though the government did not show any evidence that the school was no longer in existence but that it was being restructured and therefore it would be difficult to reinstate the workers as demanded.
She said the special damages in the form of salaries and promotions claimed by the workers could not be given because they did not prove them with the statutorily required documents to enjoy such benefits.
Addressing Journalists shortly after the delivery of the judgment, counsel to the claimants, Barr Matthew Edaghese Esq said the judge having listened to parties involved in the case argument, has ruled in its clients favour.
He said the action of the state government run short of the labour’s law.
“The issue before the court which judgement was delivered today is the unlawful termination of the Iguoriakhi workers and lecturers by the Edo government and their agent, the Commissioner of agriculture, Edo State.
“The court in its wisdom, held that the so-called termination of appointment was a nullity. It negates all known and relevant labour laws even international labour organization laws, there was no provisions for such reckless executive indiscretions.
“Our claims were upheld. Each and everyone that was unlawfully terminated by the second defendant are to be paid N4m each within 30 days of this judgement.
“And there was another award of N500,000 general damages but our prayer was N4 billion.
Chairman of the sacked workers, Adorolo Michael, said the court ruling was in a right step in the right direction.
Also speaking, secretary of the laid off staff, Martins Imhenrion said some of their staff have died due to hardship while others have aborted their educational pursuit.
“I want to state with unequivocally that during this process, we lost one of our staff, one of our dogged fighters, Mrs Benson Omage Ojemele died because she has no funds to take care of herself. She was the one sustaining the family, she died during the process. I pray God to grant her eternal rest in heaven.
“One of the students, because she couldn’t go to NYSC as at that time because of the sudden stoppage of her academy pursuit, went to commit suicide. It was bad as that.
“The action of the state government has made us wretched we could not continue with our academy pursuit.
“As we speak, some of us registered for PhD and MSC programs, we have to stop it. We even took our children out of schools,