Legal Nigeria

Stop licking your wounds, challenge unlawful disengagement – lawyer tells workers

 

A lawyer, Mr Benedict Oguine, has advised workers who feel they are unjustly sacked, to challenge the action in a law court.

Oguine gave the advice in an interview with journalists in Awka on Monday.

He advised unjustly sacked workers to learn from the case of Mr Augustine Amakom, a former employee of West Africa Examination Council (WAEC), whose sack in 2011, has been declared unjustified by the National Industrial Court.

Oguine who lauded the judgement, said there were laws protecting workers against unfair labour practices but many victims chose to suffer in silence instead of exploring the legal option.

He said it was obnoxious for an employer to stop an employee from progressing in education and career.

“The problem is that most victims choose to keep quiet, no employer should sack any worker unjustly; Amakom versus WAEC has proven that the law protects the oppressed.

“The Nigerian law condemns casualisation but every day we hear about it; people are sacked at will.

“This should stop; my advice is that those affected should challenge it.

The News Agency of Nigeria (NAN) reports that Amakom was sacked for writing the West African Senior Secondary School Certificate Examination (WASSCE) at a centre outside those approved for WAEC employees.

According to WAEC, it considered the report of the panel that investigated Amakom’s registration for, and writing of the November/December 2010 WASSCE at Centre 5150505 instead of the designated staff examinees centre.

“As a staff examinee, you took part in the conduct of the examination including sorting life codes in the strong room and monitoring examinations centres.

“The management observed that your actions amounted to gross misconduct which contravenes Chapter 10.06(b)(iv) and (x) of the Conditions of Service for National Staff of the Council in Nigeria (August 2005 Edition) for which the penalties are dismissal,” it said.

Amakom, however, challenged his dismissal in suit number NICN/EN/26/2018 filed at the National Industrial Court sitting in Enugu.

He sought four reliefs including a declaration that he did not violate any previous code of conduct and that he should be reinstated and paid in full.

The court presided over by Justice O.O. Arowosoge on Dec.1 described the dismissal as unjustified and unfair labour practice.

The judge held that Amakom should be compensated in damages apart from restoration of his earned entitlements.

He granted that the sum of N559, 943. 28k which was 20 percent of Amakom’s two years’ salary, as at his last promotion and N300,000 be paid to him as damages and cost of litigation, respectively, within one month, failure of which the damages would attract 10 per cent interest.

The court, however, refused to order that he should be reinstated as it was the right of the employer to decide who to employ.

(NAN)