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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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[Redundancy Benefit] Industrial Court orders firm to pay Joshua Umoren 2-week salary per year of service


3910 Friday 4th February 2022

Hon. Justice Zaynab Bashir of the National Industrial Court, Portharcourt Judicial Division has ordered Baker Hughes Limited and Baker Hughes Incorporated to compute and pay one Joshua Umoren 2-week salary per year of service as Redundancy payment.


Justice Zaynab held that the firms are found to have complied with the contract of employment in the termination of Joshua Umoren’s employment but failed to comply with the Labour Act in terms of payment for the redundancy. 


From facts, the claimant- Joshua Umoren had submitted that he was employed in 1992 and was issued a terminating letter and Notice of Redundancy in 2009. He averred that the consequences of the firms non-compliance with the provisions of the law on redundancy are unlawful and null and void.


In defense, counsel argued that Joshua’s disengagement was not abrupt or summarily done as the Notification of Redundancy, shows that there was previous communication pertaining to the Claimant’s redundancy with his supervisor, and was paid salary in lieu of notice.


Counsel added that Joshua Umoren was not a member of any employee trade union at the time of his employment in the Companies and no trade union with which the firms would have entered into discussions as per the impending redundancy since Mr. Joshua did not belong to any.


In addition, they urged the court to dismiss the case for being statute barred on the grounds that the case was not filed within 6 years as provided by the Limitation Act.


In reply, Joshua Umoren’s counsel submitted that the firms have breached the statutory obligation to abide by both national Laws on redundancy for determining his client employment by other means not contained in the Contract of Employment, urged the court to grant the reliefs sought.


Delivering the judgment after careful evaluation of the submission of both parties, the presiding Judge, Justice Zaynab Bashir held that the employment of Joshua Umoren was determined on the basis of redundancy rather than being summarily dismissed.


Justice Zaynab held that no evidence of payment was made to Joshua Umoren as ‘Redundancy Payment’ as contemplated by the Labour Act. 


The Court held that the defendants are found to have complied with the contract of employment in the termination of the Claimants employment but failed to comply with the Labour Act in terms of payment for the redundancy.


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