Nigeria Christian Pilgrims Commission (NCPC) has been dragged before the National Industrial Court sitting in Abuja by five members of staff over the withdrawal of their appointment which they claim is alien to the Labour Act.
The five applicants in the suit filed via an Originating Summons delineated NICN/ABJ/173/2024 and filed pursuant to Order 3 Rule 1(B), National Industrial Court of Nigeria (Civil Procedure) Rules 2017 are Sunday Nyam Bot, Pam Yakubu Chung, Dablet Nnandom Apollos, Pam Yakubu Chadikison and Dung Chung Bok
In the suit filed on their behalf by Osuagwu Ugochukwu of St. Francis Xavier Solicitors & Associates, they are asking the court to among other issues determine whether the term ‘withdrawal of appointment’ as captured in the letter dated February 27, 2024, is known to law and thus connotes ‘termination of appointment’ under the Nigerian Labour Act
They also asked the court to determine whether the letter dated February 27, 2024, validly terminated their contract of employment without complying with the terms stated on their letter of appointment dated October 16, 2023.
They also asked the court for a declaration that the term ‘withdrawal of appointment’ as contained in the letter dated February 27, 2024, is not known to the Labour law and does not connote termination of appointment.
In addition, they asked the court to declare that the letter dated February 27, 2024, has not validly terminate their appointment without complying with the terms stated on their letter of appointment dated October 16, 2023.
Further, they asked the court for an order setting aside the letter dated February 27, 2024, as the term ‘withdrawal of appointment’ is not known to any law or Labour law in force in Nigeria, and an order that their employment as contained in the letter dated October 16 2023 still subsists till October 3 2025 as their employments have not been validly terminated.
They also asked for the sum of N5m being the cost of the suit as well as any further orders the court may deem fit and proper to make in the circumstances of the case.
The suit was supported by an 11-paragraph affidavit deposed to by Sunday Nyam Bot, one of the claimants, who averred that he has the consent and authority of other claimants to depose to the joint statement of facts.
He averred that by a letter dated October 16, 2023, they were appointed as Higher Executive Officer and other designations for two years effective October 3 2023 in a letter that stated that “you will serve probationary period of two years at the end of which your appointment will either be confirmed or otherwise.”
He added that the letter provides that ” the termination of your appointment shall be subject to one month notice on your part and the part of the Commission or one month salary in lieu of notice.
“We never got any letter of termination notice of one month nor did we receive any one month salary in lieu from the defendant,” he claimed.
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