SIMEON O. IHEZUKWU VS UNIVERSITY OF JOS & ORS

CORAM

A.O. OBASEKI, JUSTICE SUPREME COURT

A.G. KARIBI-WHYTE, JUSTICE SUPREME COURT

S.M.A. BELGORE, JUSTICE SUPREME COURT

A.B. WALI, JUSTICE SUPREME COURT

O. OLATAWURA, JUSTICE SUPREME COURT

PARTIES

SIMEON O. IHEZUKWU

APPELLANTS

1. UNIVERSITY OF JOS

2. THE VICE-CHANCELLOR, UNIVERSITY OF JOS

3. THE REGISTRAR, UNIVERSITY OF JOS

RESPONDENTS

AREA(S) OF LAW

LABOUR MATTER

SUMMARY OF FACTS

The appellant as plaintiff in the trial court sought declaration that the termination of his appointment by the respondent was illegal and sundry other reliefs. Judgment was partially entered for him in respect of some his reliefs but his prayer to be reinstated was refused. Dissatisfied, he appealed to the court of appeal; wherein his appeal was partially successful. Still dissatisfied, he has appealed to the Supreme Court.

HELD

APPEAL DISMISSED

ISSUES

Whether the Court of Appeal was right in law in introducing the issue of confirmation of appointment of the appellant when same was neither raised in the pleadings nor argued before the court, Ground A of the Notice of Appeal.

Whether the learned Court of Appeal was right in holding that the decision in the Olaniyan’s case will not apply to the appellant and so refused to declare that the plaintiff is still the Higher Executive Officer (Accounts) of the first defendant and that he should be paid his salaries from the date of the purported F dismissal till the date his case is determined in the Supreme Court. Grounds A & B of the Notice and grounds of appeal

RATIONES DECIDENDI

THE ESSENCE OF PROBATIONARY APPOINTMENT

“The essence of a probationary appointment is that the employer retains the right not to confirm the appointment until after a specified period. Where the contract of employment provides that the appointment is subject to a probationary period of a certain length of time, this does not give the employee a legal right to be employed for that length of time and the employer may lawfully dismiss him before the expiry of that period.

ESSENTIALS FOR NOTICE OF DISMISSAL OR TERMINATION OF APPOINTMENT

Where there is a notice of dismissal or termination of appointment of an employee by the employer, it is not necessary for the employer to prove the reasons stated in the notice. The only obligation on him is to show that the contract was terminated in accordance with the express or implied terms of the contract, regardless of whether the appointment is on permanent or probationary (temporary) basis. The normal measure of damages recoverable by an employee whose contract has been wrongly terminated is the amount he would have earned under the contract for the period until the employer could have lawfully terminated it, less any amount he could reasonably be expected to earn in other employment. But where the employer has a right to terminate the contract before the expiry of the term, (as in the instant case), damages should be assessed only up to the earliest time at which the employer could validly have terminated the contract” (Per A.B Wali JSC)