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The Presiding Judge, Portharcourt Judicial Division of the National Industrial Court, Hon. Justice Faustina Kola-Olalere of the National Industrial Court has granted an order restraining the Nigerian Labor Congress, Rivers State Council from harassing, picketing, or in any way taking any further actions relating to any claim on the redundancy payment of the Titan Projects Nigeria Ltd staff declared redundant in 2020.
The Court held that Titan Projects Nigeria Ltd has succeeded in proving on the balance of probability that their staff were not in any Trade Union at the material time and the company had paid the Redundancy benefits to its staff in question that were declared redundant in year 2020.
From facts, the applicant- an Oil and Gas, Titan Projects Nigeria Ltd Company had submitted that it reached an accord with its entire staff declared redundant in the year 2020, and it paid the said staff in full and final satisfaction of all claims and benefits due to them in October 2022.
The applicant averred that despite paying off the staff’s benefits in 2022, the Nigerian Labor Congress, Rivers State Council and its Executive have continued to harass the applicant’s officers via telephone and by issuance of further ‘invitations’ and posited that the Redundancy payment accepted by its staff is not enough and that more payments must be made to those staff.
However, the Respondents—Nigerian Labor Congress, Rivers State Council, and its Executive did not enter appearance nor file any counter-affidavit to the case even though they were fully aware of its pendency. Two counsel from the same chambers appeared for the Council on different dates without entering an appearance.
Counsel for the Titan Projects Nigeria Ltd submitted that staff of the company were never members of the Nigerian Labor Congress, Rivers State Council, nor were they Unionized at all by any Union. Counsel contended that the Union cannot act on its’ behalf to carry out any industrial action against the applicant.
In a well-considered judgment, the Presiding Judge, Justice Kola-Olalere held that workers or employees must first of all belong to a Trade Union that is affiliated with the NLC before the NLC can be involved in the affairs of those workers/employees or members of the said Trade Union.
The Court stated that the contention of Titan Projects Nigeria Ltd that its staff were not unionized by any of the Trade Unions affiliated with the Union was not contradicted, neither was it challenged by the respondents despite the ample opportunities given to them to do the needful.
Justice Kola-Olalere held that the Nigerian Labor Congress, Rivers State Council and its Executive have no right or power to picket the Titan Projects Nigeria Ltd based on their alleged inadequate payment of redundancy benefits to the Staff that the Titan Projects Nigeria Ltd declared redundant in the year 2020.
Justice Kola-Olalere held that Titan Projects Nigeria Ltd has proved its case to the satisfaction of the Court to entitle it to a restraining order against the NLC in the case.
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