The National Industrial Court, Abuja, on Monday affirmed the revocation of employment of six people by National Health Insurance Scheme (NHIS).
NAN reports that the claimants, Nwachukwu Nnabugo, Okorie Victor, Olowo Sola, Lawrence Esene, Tina Byanyiko and Ezekwuere Akolam approached the court for a declaration that the cancellation of their employment was wrongful, illegal, null,void and gross violation of civil service rule.
Delivering judgment, Justice Rakiya Haastrup, held that the failure of the claimants to submit their letters of acceptance automatically nullified the employment after the stipulated date elapsed.
“It is not in dispute between parties that there was provisional offer of employment given to the claimants by the the defendants.
“The contention of the defendant is that there was no valid and enforceable contract between the parties since the claimants had failed to comply with the provisions as contained in the defendant’s terms and conditions of service.
“Which stipulates that appointment shall become valid when acceptance is communicated to the defendant in writing within 30 days from the date of the offer.
“The claimant witness admitted under cross-examination that he and the other claimants never completed their documentation process and had no copies of acceptance letters.
“The implication is that there is no valid contract of employment between the parties in this case upon which the claimants can claim any reliefs against the defendant.
“Therefore, the failure of compliance renders the appointment null and void.
“It is trite law that a legally enforceable contract exists only when both sides perform their own side of the contract, which is not the case here.
“In all these, the issue is resolved in favour of the defendant and the submissions of claimants’ counsel on this issue are all rejected.
“Their claims fail in the absence of evidence to support their claims which have all failed in its entirety, and I so hold”, Haastrup concluded
News Agency of Nigeria (NAN), reports that the claimants in their statement of facts stated that they were given letters of employment by the defendant dated June 18,2015.
The claimants further averred that the defendant refused to allow them to resume work and instead cancelled their employments through letters dated Sept. 6, 2016.
NAN also reports that the defendant in its statement of defence however stated that the claimants employment were cancelled because they did not successfully complete their documentation process which would have been upon verification of their credentials.
The defence statement in addition submitted that the claimants failure to submit their letters of acceptance not later than July 9,2015, after which the offer automatically elapsed led to the subsequent cancellation of their offers.
