The National Industrial Court has ordered authorities of the National Orthopaedic Hospital, Enugu State, to reinstate an employee sacked for pursuing a degree programme and participating in the National Youth Service Corps (NYSC) scheme while still at work, describing the sack as ‘discriminatory.’
Justice Oluwakayode Arowosegbe of the Enugu Division of the court gave the order while setting aside the termination of Mr Stephen Ofoegbu’s employment by the Orthopaedic Hospitals Management Board and ordered his reinstatement with effect from November 15, 2018.
The court also ordered Mr Ofoegbu’s conversion and promotion to Administrative Officer II with effect from January 2013, with payment of his accrued backlog of salaries and the sum of N10 million as general damages within 30 days.
Justice Arowosegbe held that Ofoegbu established discrimination and unfair labour practice, finding that other employees who pursued full-time degree programmes and participated in the NYSC scheme while in the hospital’s employment were upgraded with their certificates and retained in service, whereas Ofoegbu was singled out for disciplinary action and termination.
According to available court documents, Ofoegbu submitted that the National Orthopaedic Hospital employed him as a Data Processing Officer I in January 2009.
He added that he pursued a degree programme at Enugu State University of Science and Technology and subsequently completed the NYSC programme while still working in the hospital.
He relied on his academic and NYSC certificates in seeking conversion to the position of Administrative Officer II, contending however that the National Hospital Management Board failed to recognise his qualifications and denied him the opportunity for career advancement.
Mr Ofoegbu further challenged the queries issued to him over his studies and NYSC participation, arguing that the hospital management’s actions were discriminatory and inconsistent with their treatment of other employees who undertook similar programmes while in service.
In its defence, the Orthopaedic Hospital Management Board maintained that Ofoegbu had pursued a full-time degree programme despite the refusal of his application for study leave.
The Board further argued that Ofoegbu embarked on the NYSC programme without approval and that the queries issued to him were not defective or statute-barred.
The board maintained that Ofoegbu had not met the requirements for the requested conversion and that the disciplinary process, including the consideration of his conduct by the relevant committees, justified the action taken against him.
Delivering judgment, Justice Arowosegbe held that Ofoegbu had proved discrimination and unfair labour practice.
He found that the Board failed to adequately address the cases of other employees who had engaged in similar conduct but were upgraded and retained in service, while Ofoegbu was punished and his employment terminated.
He held that Section 42 of the constitution bars discrimination on the grounds of sex, ethnic group, belonging to a particular community, place of origin, religion or political opinion.
Justice Arowosegbe ordered that Ofoegbu be reinstated and promoted to Administrative Officer II with effect from January 2013, and also that he be reinstated from November 15, 2018, when his appointment was terminated without loss of promotion to Administrative Officer II, as if his appointment was never terminated.
“For this reason, even if a law/policy/rule exists that forbids engaging in full-time study/NYSC while in full-time employment, once it is observed in the breach in favour of certain class of employees, the breach must go round across the board.
“One group of employees cannot enjoy it while another group is held to it, and even dismissed for the same offence. That offends the principle of equality of opportunity which is the bedrock of anti-discrimination law in employment relations,” Justice Arowosegbe posited.
