Industrial Court Dismisses Oluwabunmi’s Suit Against LUTH Over Employment Invalidation
Justice Sanda Yelwa of the National Industrial Court sitting in Lagos has dismissed a suit filed by Oluwabunmi against Lagos University Teaching Hospital (LUTH), the LUTH Management Board, and four others over the invalidation of her employment.
The court ruled that the decision to invalidate her employment was neither unconstitutional nor unlawful, holding that LUTH had provided sufficient reasons linked to her failure to comply with management directives and her prolonged absence from duty.
According to court records, Oluwabunmi argued that she had been forced out of service prematurely at the age of 44, despite expecting to remain in employment for another 16 years before reaching the retirement age of 60.
She explained that due to health challenges, she repeatedly requested leave to seek medical treatment abroad and later applied for six months of unpaid leave. She claimed the hospital never responded to that request and insisted that despite later being declared medically fit for service by a Medical Board, LUTH still proceeded to invalidate her appointment.
Oluwabunmi further alleged that her constitutional right to fair hearing had been violated and described the hospital’s action as unlawful. She sought several financial claims totaling millions of naira, including future salaries, pension contributions, gratuity, life insurance benefits, special damages, and general damages.
In response, LUTH and the other defendants argued that the claimant repeatedly absented herself from duty without authorization despite receiving several warnings and directives to resume work. They maintained that while many of her earlier medical leave requests had been approved, management eventually declined further extensions and instructed her to return to duty.
The defendants also stated that a Medical Board was established to assess her fitness for continued service and that its recommendations were communicated to her. According to them, Oluwabunmi failed to comply with those directives and remained absent without official approval, leading management to classify her conduct as absence from duty without Medical Board advice.
As a result, the Disciplinary Committee recommended the invalidation of her appointment.
However, Oluwabunmi’s counsel argued that his client had never concealed her medical condition and had consistently kept the hospital informed about her health status, treatment progress, and specialist appointments through written correspondence.
He further contended that the invalidation process did not follow due process or comply with applicable Public Service Rules and urged the court to rule in her favor.
In his judgment, Justice Yelwa held that the evidence presented before the court showed that Oluwabunmi had been given an opportunity to be heard concerning the circumstances that led to the invalidation of her employment.
The judge also ruled that her prolonged absence from duty without approved leave constituted a breach of her employment terms. He stated that LUTH’s failure to respond to her request for unpaid leave could not automatically be interpreted as approval.
Justice Yelwa further noted that Oluwabunmi failed to establish that the hospital’s actions violated the terms of her employment. He pointed to provisions in her appointment letter that allowed termination where an employee was deemed unsuitable for efficient and effective service.
The court held that management had considered her repeated absences, the Medical Board’s recommendations, and her failure to comply with official directives before making its decision.
Consequently, the suit was dismissed in its entirety, with each party ordered to bear its own costs.
