The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Justice Sinmisola Adeniyi has ordered the Kaduna State Government and the Commissioner Ministry of Education, Science and Technology to immediately issue a letter confirming the appointment of Mrs Theresa Ata effective from the 22nd May 2019.
The Court directed the Kaduna State Government and the Commissioner Ministry of Education, Science and Technology to calculate and pay Mrs Theresa Ata’s salaries and arrears of leave allowances from June 2018 till date within 30 days.
Justice Adeniyi held that Mrs Ata’s appointment can only validly be terminated as stated in the letter of employment, and the purported oral termination by the Kaduna State Government is not only preposterous; it also cannot qualify as notice as specified in the terms of the contract of employment.
From facts, the claimant- Mrs Theresa Ata had submitted that she was employed by the Kaduna State Government by a letter of offer of appointment dated 20/02/2017 and was posted to Government Girls’ Secondary School, Kaduna and reported regularly at work but she was not paid salary for almost one year until a letter of complaint was written by her solicitors, and thereafter, she was paid one year’s salary and leave allowance, from 22/05/2017 till May 2018.
She further alleged that the Kaduna State Government, and the Commissioner Ministry of Education, Science and Technology have not paid her salary since May 2018 even though she attended work regularly and daily signed the attendance register, and all efforts to get her payment were to no avail and her appointment has not been terminated by the Defendants, urged the court to grant the reliefs sought.
In defence, the defendants- Kaduna State Government, and the Commissioner, Ministry of Education, Science and Technology contended that Mrs Ata did not fulfil the conditions of appointment that as at the time of employment, she had exceeded the age prescribed by the State Public Service Rules and the purported appointment is invalid ab initio, and urged the court to dismiss the case in its entirety.
Delivering the judgment, the presiding Judge, Justice Sinmisola Adeniyi held that Mrs Ata was 49 years and 7 months at the commencement of her appointment, and not yet 50 years at the date of her appointment as stated in her statutory declaration of age and therefore eligible to be appointed as prescribed in Part II of the Guidelines for Appointments, Promotion and Discipline, Kaduna State Civil Service Commission 2005.
The Court held that Mrs Ata’s appointment can only validly be terminated as stated in the letter of employment, and the purported oral termination of her appointment by the Kaduna State Government does not qualify as notice as specified in the terms of the contract of employment.
Justice Adeniyi stated that the law is settled that unless the employer terminates the employment within the probationary period, if it feels that the employee’s conduct and competence are not satisfactory during the probation, the employee is deemed to have been confirmed the employer if he/she continues to work for the employer after the probationary period.
The Court held that the Kaduna State Government, and the Commissioner, Ministry of Education, Science and Technology, Kaduna State have kept Mrs Ata in employment long past the period of probation, and deemed to have confirmed her appointment as contained in terms of employment and Mrs Ata appointment is deemed confirmed from May 2019 and therefore entitled to her claims.
