*Awards Salaries, ₦3m Damages
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Hon. Justice Rakiya Bosede Haastrup of the Abuja Judicial Division of the National Industrial Court has declared the compulsory retirement of Comrade Opara by the Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees and others as wrongful and converted same to termination of employment.
The Court held that the reason stated in the retirement letter that Comrade Opara’s services were no longer required, was not one of the grounds recognised under the Amalgamated Union of Public Corporations Revised Staff Conditions/Scheme of Service for compulsory retirement and consequently awarded him three months’ salary in lieu of notice.
Justice Haastrup further ordered the Amalgamated Union of Public Corporations and 2 others to pay Comrade Opara all outstanding salaries and allowances due to him, half salary for the period of his suspension, transfer allowances, leave and medical allowances, outstanding 13th month salaries, the sum of N3m as general damages, 10% post judgment interest and N500k as cost of action.
From facts, the claimant, Comrade (Nze) Isidore Opara, had submitted that he was employed by the Amalgamated Union of Public Corporations in 1994 and rose through the ranks to the position of Assistant General Secretary, and that he was duly qualified and applied for elevation to the office of General Secretary. However, he was surprised to receive a letter of compulsory retirement from the service.
Comrade Opara maintained that although he had neither attained the retirement age of 65 years nor completed 40 years of service, he was compulsorily retired with effect in July 2019 on the ground that his services were no longer required.
Comrade Isidore Opara further contended that his compulsory retirement was unlawful, malicious and contrary to the Constitution and Conditions of Service of the Union. He also challenged the appointment of Comrade Sikiru as General Secretary and sought reinstatement together with several declaratory and monetary reliefs.
In defence, the Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees and the others maintained that the compulsory retirement of Comrade Opara was lawful and carried out pursuant to the powers conferred on the National Executive Council under the applicable Conditions of Service.
The Union contended that Comrade Opara’s productivity had declined and that his retirement was justified under the Conditions of Service of the Union. The Union also argued that Comrade Isidore Opara failed to prove his entitlement to the various monetary claims sought before the Court, and urged the court to dismiss the case in its entirety.
In opposition, Comrade Opara’s counsel, Gregory T. Okeke Esq. argued that the reason stated in the compulsory retirement letter issued to his client did not fall within any of the recognized grounds for compulsory retirement under the Union Staff Conditions/Scheme of Service and urged the Court to declare the retirement wrongful.
In a well-considered judgment, Hon. Justice Rakiya Haastrup held that while the National Executive Council possessed powers to retire a staff on grounds of ill health, declining productivity or changes in the operations of the Union, the retirement letter issued to Comrade Opara expressly stated that his services were no longer required.
The Court held that the Amalgamated Union of Public Corporations and 2 others could not introduce declining productivity as the basis for the retirement when that reason was not contained in the retirement letter and therefore affirmed that the compulsory retirement fell short of the applicable Conditions of Service applicable to the relationship between the parties.
The Court held that the suspension of Comrade Opara without pay was contrary to the Conditions of Service, which entitled a suspended staff member to half salary during suspension, and consequently ordered the Amalgamated Union of Public Corporations and 2 others to pay Comrade Isidore Opara half of his salary from August 2010 to September 2011.
Justice Haastrup held that Comrade Isidore Opara was entitled to the payment of his outstanding leave allowances, medical allowances and 13th month salaries in accordance with the applicable salary structure in force when the entitlements accrued.
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