The National Industrial Court sitting in Kaduna has ordered the Registered Trustees of St. Gerard’s Catholic Hospital, the Catholic Archdiocese of Kaduna, and the Catholic Archbishop of Kaduna to pay three employees all outstanding salary arrears owed to them from 2020 to 2024.
Delivering judgment, the Presiding Judge, Hon. Justice Bashar Alkali, ruled that Mr. Sunday John, Ms. Margaret Eleoba, and Mr. Ishaku remained valid employees of the hospital since their appointments had not been lawfully terminated. The court further directed the defendants to continue paying their monthly salaries until their employment is officially ended in line with the terms of their contracts.
The claimants told the court that they were staff of St. Gerard’s Catholic Hospital whose employment was governed by their appointment letters and the hospital’s Staff Manual. According to them, they were placed on indefinite suspension without pay in August 2020 without being issued any formal query or explanation.
They argued that despite being willing to resume work, the hospital refused to recall them or pay their salaries for over four years, causing severe financial hardship and violating their employment rights.
In response, the defendants maintained that the suspension followed allegations of misconduct and ongoing investigations involving the employees. Counsel to the hospital argued that the workers were not entitled to salaries during suspension because payment was tied to active service delivery.
However, counsel to the claimants insisted that the indefinite suspension without pay violated the hospital’s Staff Handbook, which only permits suspension for a limited period and does not authorize prolonged denial of salaries.
In his judgment, Justice Alkali held that the hospital acted outside the provisions of its own Staff Handbook by keeping the workers on indefinite suspension without pay beyond the stipulated duration.
The judge emphasized that suspension is only a temporary disciplinary measure and does not automatically terminate employment. He ruled that employees under suspension remain staff of the organization and are still entitled to their benefits unless their appointments are lawfully terminated.
The court declared that the prolonged suspension without pay amounted to a breach of contract and unfair labour practice.
Justice Alkali subsequently awarded Mr. Sunday John N6.8 million, Ms. Margaret Eleoba N8.2 million, and Mr. Ishaku N3.7 million as salary arrears. The court also awarded N1 million in legal costs in favour of the claimants.
The defendants were ordered to comply with all monetary payments within 30 days.