Industrial Court holds that Employment cannot be terminated upon Valid Retirement

After reviewing the argument of the parties, the Court Presided by Justice Z. M. Bashir expressed thus;

“Assuming the above publication is anything to go by in terms of terminating the employment of the Claimant, there is no gainsaying that the above authority suffices to maintain that the Claimant cannot be dismissed having validly retired from service with effect from 1^stSeptember, 2017 and I so hold.

“Consequent upon this holding, issue one is resolved in favour of the Claimant to the effect that the Claimant was not dismissed but validly and voluntarily retired from the employment of the Defendants in view of his application for and approval of retirement form service.

The case of the Claimant is that he was at all times material to this case, an employee of the defendants and served with the Kogi State Universal Basic education Board as education secretary with the Ogori/Magongo Local Government Education Authority. The Claimant rose from Senior Teacher, GL 05 – 06 in 1987 to Director Master on GL 15 – 16 in 2017.

Upon his attainment of 35 years of service, the Claimant tendered his letter of voluntary retirement to the defendant dated 15^th August, 2017 and the letter was accepted by the Defendant by her letter dated the 18^th of August, 2017 with effect from 1^st September, 2017.

The Claimant further alleged that the Defendants without giving the claimant any fair hearing published on the pages of the Graphic Newspaper of November, 22 /28, 2017 the dismissal of the Claimant from her service, in total flagrant disregard of the extant law and policies and the right of the Claimant under the Constitution.

His Lordship further makes an order directing the 1^st Defendant to pay to the Claimant his gratuity as computed with the appropriate percentage applicable. And An order on the Defendants to place the name of the Claimant on the Kogi State list of Pensioners forthwith and to direct payment of outstanding pensions to him.

His Lordship also ordered the Defendants to jointly pay Punitive Damages in the sum of N1, 000, 000.00 (One million Naira) as aggravated injuries caused by the reckless conducts of the Defendants.

Amodu Oseni Albert v. Kogi State Government, Kogi State Universal Basic Education Board. For full judgement Click here