By Desire Emmanuel
The National Industrial Court has faulted the indefinite suspension of three of its workers, declaring it as unjust.
Justice Bashar Alkali of the Kaduna Division of the court ordered the Registered Trustees of St. Gerard’s Catholic Hospital, the Registered Trustees of Catholic Archdiocese of Kaduna and the Catholic Archbishop of Kaduna to pay the workers, Mr Sunday John, Ms Margaret Eleoba and Mr Anthony Ishaku outstanding salary arrears from 2020 to 2024, alongside monthly salaries until their employment is lawfully terminated.
The court held that the continuous suspension of the employees without pay beyond the period stipulated in their employment contracts constitutes a breach of the terms and conditions governing their employment.
According to court documents, the three employees submitted that they were staff members of St. Gerard’s Catholic Hospital whose appointments were confirmed and governed by their letters of employment and the staff manual, and that they were suspended indefinitely without pay from August 2020 without any prior query or justification.
They added that despite willing and ready to work, the hospital refused to recall them or pay their salaries from August 2020 to September 2024, thereby causing severe hardship and violating the terms of their employment contracts.
In their defence, the Registered Trustees of St. Gerard’s Catholic Hospital and others posited that their suspension was carried out in accordance with the staff manual due to alleged misconduct and ongoing investigations involving the trio.
They submitted that the three persons were not entitled to salaries during the period of suspension, as the contract of employment makes salary conditional upon the rendering of services, and urged the court to dismiss the suit.
Opposing the argument, counsel to the suspended employees averred that the indefinite suspension without pay was contrary to the express provisions of the staff manual, which limits the duration of suspension and does not permit prolonged deprivation of salaries.
The counsel urged the court to hold that the hospital’s refusal to pay their salaries for over four years, while keeping their employment subsisting, amounts to a clear breach of contract and an unfair labour practice.
He further urged the court to declare that the employment of the three persons remains valid and subsisting, and that they are entitled to full payment of their salary arrears and continued remuneration until their employment is properly terminated in line with the contract.
Delivering judgment, Justice Alkali held that the hospital acted outside the provisions of its own staff manual by placing the employees on indefinite suspension without pay despite the manual prescribing a limited period for such disciplinary action.
The judge held that suspension is only a temporary disciplinary measure and does not terminate the contract of employment, and as such, employees under suspension remain in the employment of the hospital and cannot be deprived of their entitlements.
The judge also stated that the continuous suspension of the employees beyond two months without pay breaches the provision of the staff manual, and that they are entitled to their salaries for the period of their suspension till when their employment is terminated in accordance with the provision of the manual.
Justice Alkali declared that Sunday John is entitled to N6.8 million, Ms Margaret Eleoba, N8.2 million and Mr Ishaku, N3.7 million as salary arrears, and ordered the hospital to continue payment of their respective monthly salaries until their employment is lawfully terminated.
The judge also awarded the sum of N1 million as costs in their favour and directed that all monetary awards be complied with within 30 days.
