Industrial Court validates Staff Employment Termination over NYSC Certificate

Hon. Justice Sinmisola Adeniyi of the Abuja Judicial Division of the National Industrial Court has dismissed the case filed by one Aliyu against the Nigerian Ports Authority for being unmeritorious.

However, the Court declared that the termination of the probationary employment of Aliyu for non-presentation and production of NYSC certificate upon demand by the Nigerian Ports Authority was lawful and valid and being within the one-year probationary period.

Justice Adeniyi further declared that the Nigerian Ports Authority is entitled to terminate the employment/appointment of Aliyu for failure to present and produce his NYSC certificate to the Nigerian Ports Authority upon demand.

The claimant, Aliyu, had submitted that he was offered employment with the Nigerian Ports Authority that, save for his certificate of exemption from NYSC, he submitted all other relevant documents and credentials and was issued an identification card.

Aliyu averred that he was paid salaries for the months of August, September and October 2019, but his salary for November 2019 was stopped by the defendant.

In defence, the defendant—the Nigerian Ports Authority stated that Aliyu was offered an appointment based on his misrepresentation that he has the NYSC certificate and his appointment was terminated for failure to produce the certificate as and when due. The Ports Authority contends that a demand was made to Aliyu to refund the salaries that had been paid to him but that he has failed, refused and neglected to pay in spite of the demand.

The Nigerian Ports Authority sought, amongst others, a declaration that the purported letter of offer of appointment issued to the claimant, which was based on the wrong assumption that Aliyu had an NYSC certificate as of the 10th of June 2019, which turned out to be false, was illegal, unlawful, null, void and of no effect, and liable to be set aside.

The NPA posited that the failure of Aliyu to produce and present his NYSC certificate upon demand rendered the purported contract of employment illegal, null, void and of no effect, and urged the Court to dismiss Aliyu’s claim in its entirety and grant it a counterclaim.

In opposition, the learned counsel to the Aliyu argued that his client has not received any formal correspondence that his appointment has been terminated or was given opportunity to defend himself of any allegation of misrepresentation and urged the Court to grant the reliefs sought.

Delivering judgment after carefully evaluating the submissions of both parties, the presiding judge, Justice Sinmisola Adeniyi, held that after a crucial examination of the letter of offer of appointment, the substratum of the contract reveals that Aliyu ‘s appointment is probationary for a period of one year and that he will be confirmed after one year of appointment.

Justice Sinmisola Adeniyi reiterated that the fact that the employee was given a probationary appointment does not mean and it cannot be implied, that his appointment cannot be lawfully terminated within the probationary period on reasonable notice.

The Court stated that Aliyu’s admission that his NYSC certificate was required for his employment and that the said certificate was not produced as and when due, and having freely executed an agreement that his appointment would be summarily dismissed if any material fact is suppressed, the Nigerian Ports Authority properly exercised its right to terminate the Aliyu’s appointment within the probationary period.

On Aliyu’s claim for salary, Justice Adeniyi held that Aliyu did not prove that he was engaged or given any duty by the Nigerian Ports Authority after his salary was stopped, and the result therefore is that Aliyu has failed to prove that he is entitled to his claims for salaries

Source: BarristerNG