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The Nationwide Industrial Court docket has ordered the Kwara State College (KWASU), to pay its dismissed workers his three months wage in lieu of discover of the termination of his appointment.
The court docket, as well as, ordered the defendant to calculate, pay the three months’ wage inside 21 days and awarded the sum of N200,000 as value in favour of the claimant.
The choose, Justice Kiyersohot Damulak, whereas delivering judgment, nevertheless, dismissed the allegation of wrongful employment termination filed by the claimant, Dr. David Atanda, in opposition to the defendant, for missing benefit.
From info, the claimant submitted that his appointment with the College was for a three-year probationary interval.
He additional averred that he confronted a disciplinary committee on alleged misconduct after which his appointment was terminated on Oct. 10, 2016.
Atanda additionally said that the defendant acted extremely vires, as he was not accorded honest listening to and was not given the chance to see or hear from the those that allegedly made stories or complaints in opposition to him.
He equally mentioned that he was not given the chance to query or cross-examine the those that levelled the allegations in opposition to him.
The claimant, in his submission, added that by his letter of appointment, he should have been given both three months discover of the termination or cost in lieu of the discover.
He argued that the senior workers disciplinary committee and the College lacked the facility to analyze the allegation levelled in opposition to him.
In defence, the defendant maintained that the claimant was afforded a possibility to be heard and as effectively cross-examined those who gave proof in opposition to him and that it adopted the laid down process as offered by the College Legislation.
The defendant additionally averred that by part 16 of the Kwara State Legislation, 2008, (Kwara State College Legislation, 2008), the College can examine and punish any of its erring workers.
The varsity additional argued that the claimant was not entitled to any funds or cost in lieu of discover and urged the court docket to dismiss the case in its entirety.
The court docket, on its half, after evaluating the submissions of each events and cautious analysis of the submission of each events, held that the claimant’s allegation of need of honest listening to was not confirmed and never sustainable.
On the reinstatement declare, the court docket dominated that the termination of Atanda’s appointment was through the interval of his probation and was subsequently not entitled to such order.
The court docket concluded by making an order for the College to calculate and pay Atanda three months’ wage in lieu of discover inside 21 days.
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