Kwara State runs what is commonly referred to as VTS. Here, we are given a token sum of money (slavery in another form) for our services. When we started, we are made to sign an agrrement. See below for the agreement we signed with the state government.

It is my pleasure to inform you that sequel to your recent interview with the Kwara State Teaching Service, you are hereby offered a placement on the Voluntary Teaching Service Scheme of Kwara State on a fixed allowance of =N= 7,000.00 per month, with effect from July, 2005. An additional sum of =N= 2,000.00 flat rate will be paid to each volunteer posted to rural areas of the state.

2. The duration of your assignment is two years commencing from July,  2005 to June, 2007
3. Your placement will take effect from the date you report for duty at your duty post and would be subject to the following conditions:
(a) that you have not in any way supplied false information to the Commission to secure the placement;
(b) that you produce a medical certificate of fitness issued by a Government Medical Officer;
(c) that you submit a letter of acceptance of this offer to the Chairman, the Kwara State Teaching Service, Ilorin;
(d) that the offer of placement will lapse if you do not submit a letter of appointment, 2 weeks after the date of this letter;
(e) that you produce a photocopy of your birth certificate or a declaration of age certificate in lieu of the former
(f) that you give a month’s notice of resignation if you wish to terminate your appointment with the Commission (the Commission will do the same if it no longer requires your services) or pay you a month’s salary in lieu of notice. However a serious misconduct on your part may lead to your dismissal without notice.
(g) that if you are discovered to be a regular student of any tertiary institution during the period of the scheme, your appointment may be terminated without notice.
(h) that your satisfactory service and conduct would, subject to vacancy, get you permanently absorbed into the State’s Public Service

By the Term of Service (TOS), we are supposed to be given ‘full’ employment by the state government after y years. All our entreaties to be absolved fell on deaf ears. Sometimes ago, we were asked to come and write exams so as to be absolved. Though this is not part of the agreement, we went to write the exam. Up till this moment nothing concrete came out of it.

Now the state’s House of Assembly had waded in.  We don’t know what will be the outcome of it. If it is not satisfactory, we intend going the whole hog by suing the state government based on the agreement we had with it. My questions now are:

1. Does the state have the right to ask us to write exam before being absorbed since this was not part of the initial agreement

2. Admittedly some of us did not produce medical certificate of fitness, will this have legal impediment if we go to court

3. Can the sate hide under the last clause (h), that is, subject to vacancy clause to deny us of it? Can the state rightly claim that there is no vacancy right now. All of us are working real hard. Can we fight the fact that since we are all working now, there is vacancy. I mean none of us is redundant. Will the onus lie on me (us) to prove that vacancy exists? Note: After we started the service, the state carried out some employment. However, this was before the June 2007 when the state is obliged to employ us (based on the agreement we had with it). Right now, we have embarked on sit-down strike to press home our demands.

its a pity things are like . legally, clause h makes your being absolved subject to your performance and ultimately vacancy existing for your employment. it is the employer of labour that determines if there is vacancy and not otherwise. pursuing this matter politically might be your best option. the strike might also work. wishing you the best

Thanks 4 d contribution. Well, I do realise somehow that. However, it is who allege that proves. One, I never had query. So I think it is up to them to prove that I am not capable. Since I am not redundant, I am WORKING where I am, how do they want to convince the court (assuming I decide to go to court) that there is no vacancy? I am working because there is vacancy. Are they right in putting a clause (writing an exam) which was not part of the agreement?

I am not in anyway questioning your capability, but just the thought of an 'unlearned' gentleman. In your opinion, what is the possibility of winning the case? Since I 'satisfied' all the conditions, am I not supposed to have started working (in the eyes of the court) since July 07? What is the possibility of asking the court to order the employer to start paying what I ought to have been paid since July 07. Thanks very much 4 your contribution.

@poster
Clause H in the whole agreement vested all the powers on the government to employ you or not

the word SATISFACTORY is actually the last straw that broke the carmel's back

In your view you may have done your best and did all that was required
but they may tell you that all your effort is unsatisfactory to merit a full employment

Its just like student attending remedial courses in any of the higher institution with the hope of gaining full admission assuming they do well in the final exams. The school might at its discretion raise the cut off mark depending on the number of candidate they want to absorb and you cannot do anything about it

My advice to you and your group is to follow this matter politically
No need wasting you little resources on litigation except if any of the big law firms decide to offer you people pro bono services
even at that it may not achieve the result like using the political approach

The best courts in nigeria are the media houses "leak" the story to everyone possible before trying litigation

Thanks very much for your advice. Points noted.

Misterman,

The law as relates to employer-employee relationship is that the court will not force an employee on an unwilling employer.

Concerning your questions:

1. An employer has the right and discretion to determine the mode of interviewing his employee prior to his employment provided however such interview is not illegal, immoral or against public policy. So the question of contesting the written test goes to no issue.

2. The non production of a medical certificate. I really do not understand the import of the question but if you mean to say that what are your chances in court despite the fact that you did not produce a medical certificate. The answer is nil. Production of a medical certificate is a prerequisite and sine qua non with your placement. A perusal of the letter of offer indicates that ALL the conditions must be met. So non production of medical certificate is a ground for disqualification.

3. Under Labour law, an employer is not obligated to give his employee work to do. The fact that you are working hard does not mean that there is vacancy. The question is what are your working hard at? are you working hard at your job schedule?. The onus does not lie on you to prove that there is vacancy because even if you do the state Government is not under any obligation to employ you to fill that vacancy.

Hope i have answered your queries.

cheers.

Jericho

Perfectly. Thanks and God bless you. Cheers