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The Presiding Judge, Uyo Judicial Division of the National Industrial Court, Hon. Justice Salisu Danjidda has declared the Nigerian Ports Authority failure to pay Mr Kuje Godwin and 18 others their wages, allowances and other emoluments as due, and failure to deploy them to their respective departments within the corporation as unlawful and a deliberate breach of the contract of employment and terms and conditions of service.
The Court ordered the Nigerian Ports Authority to immediately deploy Mr Kuje Godwin and 18 others to their respective departments in line with their letters of appointment and place them at the appropriate cadre levels, with payment of their salaries/wages, allowances, emoluments, yearly leave bonus, end of year Christmas bonus and benefits as they would have earned as per the terms in their various employment contracts from the 1st of April 2007 to date of judgment.
Justice Danjidda also awarded the sum of Twenty Million Naira (N20,000,000) general damages in favour of Mr Kuje Godwin and 18 others against the Nigerian Ports Authority following the non-payment of their salaries, which has caused significant inconvenience and financial hardship to Mr Godwin and 18 others and the sum of Two Million Naira (N2,000,000) as costs of action.
The Court declared the Nigerian Ports Authority's argument that Mr Godwin and others were lawfully disengaged as unsubstantiated, holding that no valid termination of employment was proved and that Mr Godwin and 18 others’ employment, being one with statutory flavour, could not be terminated without strict compliance with statutory procedure.
From facts, the Claimants, Mr. Kuje Godwin and others, had submitted that they were offered appointment as Technical Trainees in 2003 under the pensionable service of the Nigerian Ports Authority and that their probation was one year, and they completed their training in 2007, receiving salaries, allowances, bonuses, corporate IDs, and pension contributions, indicating a formal employment relationship certificates.
However, Mr Godwin and 18 others maintained that since April 2007, the Nigerian Ports Authority stopped all payments and never formally terminated their appointments, while they participated in company-wide staff verification exercises conducted in 2006 and 2014.
In defence, the defendant- Nigerian Ports Authority averred that it complied with the laid down rules and procedures before Kuje Godwin and 18 others disengagement from service, and that Kuje Godwin and 18 others were notified of the directive of the Federal Ministry of Transport to close the Training School as well as the determination of Mr Godwin and 18 others employment and that since April, 2007, no services were rendered by Mr Godwin and 18 others to the corporation to warrant their entitlement to salaries, leave bonus and emoluments.
The NPA contended that the Conditions of Service do not apply to an employee whose employment has not been confirmed, and that subsequent confirmation is not a mandatory obligation on the corporation; it argued that the case is statute-barred.
In opposition, Kuje Godwin and 18 others counsel, In opposition, Kuje Godwin and 18 others counsel, C. R. Chinweze, Esq with Destina Dalumo, Esq argued that it is clear from the Appointment letters and actions of parties, including the issuance of staff identity cards, that his clients were not interns or students but employees of the NPA who were sent for technical training, which is akin to professional training/education which many organizations or businesses still do for their staff.
Counsel contended that the Nigerian Ports Authority’s failure to terminate the Godwin and 18 others' appointments after their one-year probationary period in 2004 implies automatic confirmation. There is no record of any performance issues, queries, or disciplinary actions against any of his clients during their entire four-year training, suggesting their service was satisfactory.
After careful evaluation of the submission of both parties through their adumbration and exhibits tendered, Hon. Justice Salisu Danjidda affirmed the jurisdiction of the court and held that the Nigerian Ports Authority relied on a repealed law, the Ports Act 1990, to argue that the action was statute-barred, and held that such reliance was misplaced as the law is no longer in force.
Justice Danjidda disagreed with the Nigerian Ports Authority’s contention that Mr Godwin and 18 others were mere trainees, holding that the totality of evidence, including payment of salaries, issuance of staff identity cards, and pension contributions, clearly established an employment relationship.
The Court held that where the Nigerian Ports Authority continued to treat the staff as employees by paying salaries, issuing staff identity cards, enrolling them in pension schemes and failing to terminate their employment after probation, the court will deem their appointments confirmed by operation of law.
“Several factors show that the Defendant treated the Claimants as employees through various actions. It is evident, as presented by the Claimants that the Defendant issued them staff identification cards, paid their monthly salaries and allowances, and contributed to pension scheme accounts opened in their names. Furthermore, the Defendant provided them with certificates and testimonials acknowledging their satisfactory performance. The Claimants' inclusion in the Defendant's staff verification exercises in 2006 and 2014 further supports this. These actions collectively indicate that the Defendant accepted the Claimants as full staff members by conduct.” The Court ruled.
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