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Hon. Justice Rabiu Gwandu of the Lagos Judicial Division of the National Industrial Court has ordered Acorn Petroleum to pay Mr Orisanwo the outstanding salaries for March, April and May, June 2016 and 13th month salary at the rate of N604,000.00; the sum of N1,527,778 being transportation allowance for March 2013 to January 2014; 13th Month salaries for 2015 and 2016 at the rates of N785,000 for 2015 and N392,000 for 2016, and the sum of N700,000 as General damages.
Justice Gwandu further ordered Acorn Petroleum to pay Mr Orisanwo's Pension Fund Manager the sum of N3,365,174.00, following Acorn Petroleum's failure to show the Court that pensions were deducted and remitted accordingly.
From facts, the claimant- Mr Orisanwo had submitted that following the conversion of the termination of his employment to resignation, the total indebtedness of Acorn Petroleum to him as at June 29, 2016 stood at N8,058, 506.00 being unpaid salaries, allowances and other entitlements as stated in his contract of employment and N3,365,174 being 32 months unremitted pension deductions not remitted to his PFA.
In defence, the Defendant- Acorn Petroleum stated that she is indebted to the Claimant the sum of N1, 812,000.00 (One Million Eight Hundred and Twelve Thousand Naira) representing salaries for March, April and May 2016 at the rate of N604,000.00 (Six Hundred and Four Thousand Naira) per month, that in line with the contract of employment and workers handbook, the Claimant is to give a one month notice in the before resignation or forfeit one month salary in lieu of notice.
Acorn Petroleum averred that pursuant to the acceptance of the letter of resignation, Mr Orisanwo automatically forfeited the salary for June, 2016.
In his final address, Dr Olukayode Olatunji Esq learned counsel to Mr Orisanwo, averred that his client has found it difficult to get another job not because he is not competent, but because the oil industry is a place where words fly around very quickly in respect of employee status, and urged the court to grant the reliefs sought.
In a well-considered judgment, the presiding judge, Justice Rabiu Gwandu held that the onus is on Mr Orisanwo to prove how much he was entitled to per month even on the admission of the petroleum company that it owed Mr Orisanwo for March, April and May 2016 at the rate of N604,000.00
The Court held that Acorn Petroleum will pay Mr Orisanwo the outstanding salaries for March, April, May, June 2016 and the 13th-month salary at the rate of N604,000.00
Justice Gwandu further granted Mr Orisanwo relief in the sum of N1,527,778, being transportation allowance for March 2013 to January 2014, but refused to grant fuel allowance for July 2015 to February 2016 for lack of merit.
On Mr Orisanwo claimed 13th Month salaries for 2015 and 2016 at the rates of N785,000 for 2015 and N392,000 for 2016, Acorn Petroleum did not specifically deny this relief; they also did not lead any evidence to the fact that the same was paid. In the absence of such evidence, the Court grants these reliefs accordingly.
In respect of the relief for salary in lieu, the Court held that the letter of termination issued to Mr Orisanwo was retracted when he submitted a letter of resignation, that the letter of resignation therefore takes precedence and by the terms of the contract either party may give one months notice, Mr Orisanwo employment by virtue of his resignation letter wasn’t terminated at the behest of the Defendants, thus he cannot be entitled to payment in lieu of termination.
In addition, the Court ordered Acorn Petroleum to pay the sum of N3,365,174.00 to the Claimants' Pension Fund Managers following the failure of the company to show the Court that pensions were deducted and remitted accordingly.
“Despite the refusal to award interest on monies above, I hereby make an Order to the effect that should the Defendant fail to pay the above-ordered judgment sums within one month of this judgment, the Judgment sums will attract an interest of 10% per annum until fully liquidated.”
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