By Damilare Adeleye
The National Industrial Court sitting in Ibadan, Oyo State has reinstated twenty-eight staff members of Federal Polytechnic Ede, Osun State, who were illegally sacked by the institution management.
This is even as the court ordered the polytechnic to pay the reinstated staff their full salaries and allowances for the five years they
were out of work.
It was recalled that the staff members, who worked in the polytechnic’s security department, were sacked in 2018 following a directive from the Federal Government for Ministries, Departments and Agencies (MDAs) to outsource their security staffing.
However, the dismissed workers challenged their sacking in suit number NICN/OS/04/2018 through their counsel, Barrister Yemi Abiona.
Abiona argued that Messrs Cornelius Nwokoro, Mr Ayodele Oni, Thomas Aborowa, Fatai Adeeyo, and 24 others were illegally sacked and demanded N28 million in damages, but the court declined this request.
Delivering his judgment on Friday, Justice Opeloye Ogunbowale, directed Federal Polytechnic, Ede to pay the 28 staff members all their due entitlements from January 2018 till date.
The court also awarded a cost of N500,000 against the Federal Polytechnic Ede in favour of the dismissed staff.
Justice Ogunbowale agreed with Abiona’s submission that the dismissal of the claimants was illegal and violated their fundamental human rights.
He said that the claimants’ contract of employment was statutory, and therefore their termination was subject to their respective letters of employment and confirmation of employment.
The court also rejected the polytechnic’s argument that the dismissal was based on a Federal Government policy issued in 2007 to MDAs to outsource security personnel.
It held, “The disengagement of the claimants from the service of the defendants is ultra vires of its authorities and a breach of Section 17 of the Federal Polytechnic Act, 2004, provision of the Federal Polytechnic Ede Staff Manual, 2018, violation of the claimants’ fundamental human rights to fear hearing and rights of employment until mandatory retirement age of 65”.
Justice Ogunbowale said that such directive could not be applied to the claimants, whose appointments were based on statutory provisions.
The judge further noted that the defendants failed to follow due process in terminating the claimants’ appointments.