By Lukman Olabiyi
Justice S.H. Danjidda of the National Industrial Court of Nigeria (NICN) in Uyo, has directed the Nigeria Civil Aviation Authority (NCAA) to reinstate Anukwa Anastasia Nneka, who was wrongfully dismissed from her position.
Nneka, who claimed that her employment was unlawfully terminated by the NCAA, had sought legal recourse in the court to address the wrongful termination.
In her suit against NCAA, filed on November 18, 2015, the claimant sought for the following reliefs: “A declaration that claimant’s employment enjoys statutory protection; a declaration that the summary dismissal of the claimant by the defendant (NCAA) was wrongful and ought to be set aside; an order setting aside the summary of the claimant by the defendant; an order re-instating the claimant to service of the defendant”.
Among other reliefs sought by the claimant also includes the following: “An order mandating the defendant to pay the claimant forthwith all the arrears of salary or remuneration and all other entitlement that she would ordinarily be entitled to if she was not summary dismissed.
“ An order mandating the defendant to pay to the claimant forthwith the sum of N666, 520 being the claimant’s remuneration for January and February 2015, unlawfully withheld by the defendant.
“The cost of the action in the sum of N 2 million”.
In her pleaded fact, the claimant averred that she was employed by the defendant on July 30, 2001 and rose to through the ranks from position of Higher Executive officer II (Accounts) on grade level 08 to become an Assistant Chief Accountant on grade level 13 step 08.
She averred that her performance was regularly appraised and that she consistently emerged with excellent rating by her superiors in almost all the parameters.
The claimant averred that on October 29, 2013, an approval was granted to her to proceed on 30 days annual leave which was to commence from November 1, 2013 and expire on November 30, 2013, but she was informed by the Director of Finance and Accounts (DFA) that the leave would be deferred in accordance with defendant’d condition of service.
Nneka averred that on November 11, 2014, she received a deployment letter but concluded her hand over exercise on 17/11/2014.
And again on November 11, 2014 she requested for her 2013 annual leave to be deferred with effect from 18/11/2014. However, she received a message for the General Manager Finance that she had some letters to collect which turned out to be a backdated query alleging that she absented from work which she answered.
The claimant further stated that when her letter of November 11, 2014 was returned to her, she discovered to her chagrin that DAF and General Manager Finance(GMF) minuted negatively on her request to proceed on the 2013 leave contrary to the assurances and encouragement given to her.
However, the defendant in its defense, stated that the claimant was part of a redeployment exercise involving some staff member and while the others complied, the claimant openly protected her new posting and appealed directly to the Director General, violating established lines of authority and staff conditions of service.
The defendant held that the claimant although handed over her responsibilities on November 17, 2014 but failed to report to her new unit as instructed.
NCAA further held that instead of the claimant to new unit as instructed, she took unauthorised leave and absented herself from work without approval.
During the trial of the case, the claimant who testified as witness for herself, tendered several documents that were admitted as exhibits by the court.
The defendant also opened it defense calling its sole witness, Urherebrume Kenndy Igbo, who adopted his witness statement on oath and also tendered several exhibits that were admitted by the court .
At the end of the trial, the court set two issues for determination which were: whether the action of the claimant is premature? And whether the claimant is entitled to the reliefs sought from the court.
The trial judge, Justice Danjidda while delivering judgment, decided the case in favour of the claimant, held that the defendant was not formally queried and disciplined by the defendant on her alleged abandonment of duty post and absence from work and on proceeding on leave without approval.
The court held that the claimant is entitled to her withheld salary and declared the defendant termination of the claimant employment null and void.
The court knocked the defendant for it approach that led to the wrongful dismissal of the claimant.
“ I therefore find that the defendant is established by Section 4 of the Civil Aviation Act, 2022, and its conditions of service apply to all its employees have the force law and they invest the claimant a legal status beyond the ordinary or mere master and servant relationship . Consequently, claimant’s employment is protected by statue”, the court held.
All the reliefs sought by the claimant were granted except for the cost of action.