Court Grants Teacher N2m Justice Over Unlawful Sack

EKO HOT BLOG reports that in a significant legal ruling, the National Industrial Court has ordered Trinity Model Academy, a school, to pay Mrs. Lucy Agabo, a former staff member, the sum of N2 million as compensation for the psychological trauma she endured due to her unlawful dismissal.

Justice Isaac Essien, presiding over the case, declared the school’s action null and void, stating that it violated Agabo’s fundamental rights to fair hearing.

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Additionally, the court mandated the defendant to pay Agabo N200,000 as the cost of the legal proceedings within a period of 30 days.

According to the facts presented, Agabo was employed by Trinity Model Academy as a classroom teacher in September 2017. However, on April 5, 2019, she received a termination letter alleging gross misconduct as the reason for her dismissal.

Agabo vehemently denied engaging in any misconduct and asserted that she had never received any queries prior to her termination. She argued that the school’s actions were intended to destroy her teaching career, which she had diligently built over the years, and to unfairly hinder her future job prospects.

The defendant, Trinity Model Academy, claimed that Agabo was found guilty of gross misconduct.

The school further contended that since Agabo’s appointment was of a temporary nature, strict adherence to statutory provisions was unnecessary, and the conditions of service outlined in the employment agreement were sufficient.

The defense concluded its case by urging the court to dismiss the entire lawsuit.

In response, Agabo’s counsel argued that the probation period was initially set for one academic calendar year, and his client became a permanent staff member in September 2018 when the new academic session commenced.

The claimant’s counsel maintained that Agabo’s appointment was no longer temporary when it was terminated and requested the court to grant the sought-after reliefs.

After carefully evaluating the arguments put forth by both parties, the court concluded that the school’s failure to confirm Agabo’s employment status after one academic session while still keeping her in the job constituted an unfair labour practice.

Furthermore, the court determined that Agabo was deemed to have been confirmed by operation of the law after the completion of one academic session.

Justice Essien also ruled that the school’s failure to issue a query to Agabo, as stipulated in the employment contract, thereby denying her the opportunity to defend herself against the allegations of misconduct, was a clear violation of her right to fair hearing as guaranteed by the amended 1999 Constitution.

In his ruling, the judge highlighted the defendant’s portrayal of Agabo as a dangerous individual who should not be allowed near school children but emphasized the lack of substantiation for these allegations.

The judge concurred with the claimant’s argument that if the termination were allowed to stand, Agabo might encounter difficulties advancing her career in the future.

He firmly stated that the defendant’s unlawful actions should not impede Agabo’s right to gainful employment in the future.

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This court decision serves as a significant precedent, underscoring the importance of fair treatment and due process in the workplace, as well as safeguarding the rights of employees against unjust dismissals.

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