Court docket units apart purported retirement of NIPOST officer Bissan Akau, Orders reinstatement
The Presiding Choose, Kaduna Judicial division of the Nationwide Industrial Court docket, His Lordship, Hon. Justice Sinmisola Adeniyi has put aside the purported retirement of Mr. Bissan Akau from the Nigerian Postal Service [NIPOST], ordered his reinstatement to the place of Senior Postal Officer II with fee of salaries, allowances and entitlements from 2108 until date inside one month.
The Court docket held that the retirement of the Bissan’s from the employment of the Postal Company was improper, illegal, null and void that nothing legally standing in the way in which from having his job again with its attendant rights, advantages and privileges, awarded the sum of N200,000.00 (Two Hundred Thousand Naira) in opposition to the company as prices of the motion.
From information, the claimant’s- Bissan Akau had submitted {that a} case of lacking mail bag was investigated by CIO and was interrogated by the Police with two different colleagues and was subsequently launched.
He testified that he was served with a question, replied however was shocked when he later obtained a letter of retirement and was later served with letter of promotion to Senior Postal Officer II, that he made an enchantment for reconsideration of his retirement however all to no avail; and submitted that his retirement was finished not in compliance with the disciplinary process for misconduct or gross misconduct as said within the circumstances of service.
In protection, the defendant urged the courtroom to dismiss the case in its entirety for lack of jurisdiction that the reason for motion arose on 21/07/2017, when the Claimant replied the question issued to him, not 13/11/2018, a interval greater than twelve (12) months required by the NIPOST Act to file an motion in opposition to the Defendant
In opposition, the claimant counsel urged the courtroom to dismiss the objection and grant the reliefs sought that the case shouldn’t be stature-barred.
Nevertheless, despite the adjournments, the company did not avail the alternatives to defend the case.
Delivering the Judgment, the presiding Choose, Justice Sinmisola Adeniyi affirmed jurisdiction and held that the reason for motion accrued on 13/08/2018 when the Bissan obtained the letter of resignation that the motion was filed inside the time stipulated by the NIPOST Act and never statute-barred.
“It’s settled that an employer should observe the process laid down by legislation. The place such a process is violated, an employer’s order of dismissal or retirement as within the on the spot case can be inoperative and void.
“Or what purpose can the Defendant supply for selling and on the identical time retiring an worker on the identical day if not that its motion was vindictive? The Claimant’s retirement was not solely illegal however was made mala fide. Maybe, this explains the explanation the Defendant had tried varied means to additional frustrate the Claimant and delay the case with spurious functions.”
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