Hon. Justice Rakiya Haastrup of the Abuja Judicial Division of the National Industrial Court has dismissed the reinstatement claim filed by one Cavin against the Board of Trustees Save the Children for lacking merit.

The Court held that Cavin has not been able to establish that the Board of Trustees Save the Children in any way breached his right to fair hearing as claimed, and affirmed that the termination of Cavin’s appointment by the board was properly substantiated.

From facts, the Claimant- Cavin had submitted that he was in the employment of the Board of Trustees Save the Children from 2015 to 2021, and he was placed on temporary suspension via a letter dated December 2020 pending investigation over alleged misconduct. Subsequently, his employment was terminated in May 2021.
Cavin averred that the board prevented him from exercising his right to fair hearing particularly where the decision to be taken from the meeting would affect his employment with the board.

In defence, the defendant- the Board of Trustees Save the Children contended that Cavin’s service was terminated in line with due process and that Cavin reapplied and was re-engaged in October 2015 in a bid to give him a second chance.

The Board of Trustees Save the Children maintained that it followed all relevant procedures and did not breach Cavin’s right to fair hearing in the course of its investigation and subsequent termination of Cavin’s employment that even while on suspension Cavin was still paid his full salary.
In opposition, Cavin contended that he was not given fair hearing in the course of the proceedings leading up to the termination of his appointment, and urged the court to grant the reliefs sought.

In a well-considered judgment, the Presiding Judge, Justice Rakiya Haastrup restated that once a Court makes a finding that an employee was given ample opportunity to defend himself on allegations in issue, then such an employee cannot complain of not being given fair hearing.

The Court upheld that Cavin was aware of whether orally or in writing of the allegations against him before the issuance of the exhibit and he was invited for the disciplinary meeting.

Contrary to Cavin’s assertion that he was not issued with a query, Justice Haastrup held that the evidence before the Court showed that he was queried and was given the opportunity to respond to same.
“In conclusion, it is my finding that the case of the Claimant fails in its entirety for lacking in merit and the reliefs sought thereon are also not grantable. Thus, the case of the Claimant is hereby dismissed, I so hold.” The Court ruled.