Hon. Justice Salisu Danjidda of the Uyo Judicial Division of the National Industrial Court has dismissed the alleged unlawful dismissal claim filed by one Simeon against the Central Bank of Nigeria for lacking merit.
The Court held that the decision of the Central Bank of Nigeria in dismissing Simeon for prolonged absence from duty without permission under CBN’s Rules cannot be faulted, as the decision is lawful and complies with the CBN’s Policies and Procedures manual and the rules of natural justice.
From facts, the claimant, Simeon, had submitted that he was involved in an accident which resulted in a serious injury and that he was granted sick leave by the Bank. Simeon contended that despite the awareness of his medical condition, he was issued queries for prolonged absence from work, suspended indefinitely, and later invited to appear before the Central Disciplinary Committee of the Central Bank of Nigeria, where he defended himself before he was eventually dismissed from service.
In defence, the defendant, the Central Bank of Nigeria, maintained that Simeon was absent from duty without permission for a period amounting to about two hundred and twenty-three working days, and that the disciplinary action taken against him followed the provisions of the Bank’s Human Resources Policies and Procedures Manual.
The Central Bank of Nigeria further contended that the medical certificates presented by Simeon did not comply with the requirements stipulated under the Bank’s Human Resources Policies and Procedures Manual, and urged the Court to dismiss all the reliefs sought by Simeon on the ground that the dismissal was lawful and carried out in accordance with the Bank’s disciplinary procedure.
Delivering the judgment after evaluating the evidence before the Court, the presiding Judge, Hon. Justice Salisu Danjidda, held that Simeon was issued queries by the Central Bank of Nigeria, responded to the queries, and appeared before the Central Disciplinary Committee, where he defended himself against the allegations made against him.
The Court held that Simeon failed to establish that the Central Bank of Nigeria breached the provisions of its Human Resources Policies and Procedures Manual in dismissing him for prolonged absence from duty without permission.
Justice Danjidda ruled that the medical certificates relied upon by Simeon did not comply with the requirements of the Central Bank of Nigeria’s Human Resources Policies and Procedures Manual, which requires that sick leave certificates from external medical institutions must show that the staff was admitted as an in-patient or was referred by the Bank’s medical doctors.
“It is my finding that the decision of the Central Bank of Nigeria in dismissing Simeon for prolonged absence from duty without permission cannot be faulted, having complied with the Bank’s Human Resources Policies and Procedures Manual and the rules of natural justice. Consequently, Simeon’s case fails, and the suit is dismissed in its entirety.” The Court ruled.
