Court restrains Veritas Univeristy from taking disciplinary action against Dr. Abayomi Ayansola
Akure—His Lordship, Hon. Justice K. D. Damulak of the National Industrial Court, Akure Judicial Division has restrained the Veritas University, Abuja or any of its agents or privies from taking any disciplinary action whatsoever against Dr. Abayomi Ayansola in respect of the proceedings of the Ad-hoc disciplinary committee conducted on the 28th day of November 2018.
The Court held that the contention that the Ad-hoc Committee was only set up to determine whether there was enough case against the claimant to form the complaint to Senior Staff Disciplinary Committee does not hold water in the absence of any terms of reference for the ad-hoc committee.
From facts, the claimant- Dr. Abayomi an employee of the Institution submitted that on the 28th November 2018, he received a letter of invitation directing him to appear before the Ad-hoc committee on some disciplinary matter levelled against him without knowing the nature of the allegation and further that the due processes were not followed that would guarantee fair-hearing.
That his reputation has been tarnished by the allegation and he has suffered traumatic and psychological shock and his right to fair hearing has been grossly breached, sought for 20 million Naira damages among others.
The Institution submitted that the Ad-hoc committee was only set up to verify the veracity or otherwise of the complaint against the claimant as it was not for any detailed investigation and there is no rule or regulation as to the composition of the Ad-hoc committee as its composition is at the discretion of the 2nd defendant.
That no fundamental right of the claimant was breached and that the claimant’s suit does not disclose any cause of action that the claimant was well aware of the allegation levied against him urged the Court to dismiss the case.
Delivering Judgement, the trial Judge, Justice Damulak held that the term “Ad-hoc Committee on Disciplinary matters” as used in letter of invitation was strange to the disciplinary procedure of Senior Staff in Section 4 of the Staff Handbook.
The court dismisses the claim for damages and declared the letter of invitation dated 27th day November 2018 issued by the defendant to the claimant to appear before the Ad-hoc disciplinary committee as null and void and of no effect and same was set aside.
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