Media
- Home
- Details
Enugu---His Lordship, Hon. Justice I. J. Essien of the National Industrial Court of Nigeria, Sitting in Enugu on Monday 4th June 2018 in a Judgment delivered ordered UNIGLOBE CONSTRUCTION ENGINEERING LIMITED & ANOR to pay ENGR. OKAKA TIMOTHY & 4 others sum of N1, 408,845.36K being the total unpaid salaries of the claimants covering the period of 4 Months from April to July 2015 and the sum of N306,778.66K being 1 month salary in lieu of notice to the claimants within 14 days from day of this judgment.
The claimants in this suit by a writ of summons filed on the 25th day of November, 2015 claimed against the defendants jointly and severally among others; An order declaring that the letters of indefinite suspension from the service and employ of the defendants variously dated 10th August, 2015 and 25th August, 2015 with title “Letter of Suspension” upon unfounded allegation of insubordination without payment of salaries/benefits and the defendant’s failure to reverse the said suspension since April till date is illegal, null and void and of no moment in law. A Declaration that the complainants are still in the employ and service of the Defendant until properly terminated.
Likewise, A Declaration that claimant’s salary deductions for Tax and Pension without remittance to Tax Office and Pension Fund Administration (PFA) is illegal and a smack of fraud.
The case of the claimants are that they were employed by the defendant at the defendant’s construction site at Ohafia-Oso road Abia/Ebonyi States. They were accommodated by the defendant. Following the non payment of their salary, the claimants demanded the payment of the said salaries. This resulted in a letter of suspension dated 10th August, 2015 and 25th August, 2015 served on the claimants which has not been withdrawn and their employment has not been formally terminated. The claimant stopped their services to the defendant. From the facts and circumstances of this case the issues for determination are Whether the claimants are entitled to their salaries as claimed and Whether this court can make the declaration sought for in relieves 1, 2
After reviewing the argument of the parties, the Court Presided by Hon. Justice I. J. Essien expressed thus;
“I have carefully examined the letter of suspension. The letters of suspension placed the claimants on indefinite suspension. It is silent on whether the claimant were to receive any salary during the period of suspension. During cross examination the defendant admitted that up till the time the claimants instituted this suit the defendant had not paid the claimant salary.
In view of the above I find that the claimants have only been able to proof that the defendant is indebted to the claimant for salaries for 4 month from April to July, 2015.
The last two underlined paragraphs of the letter clearly shows that the defendant even though titled it “Letter of Suspension” he in fact intended to terminate the appointment of the claimants. This is because a staff on suspension cannot be asked to vacate his residence while on suspension because he is still staff of the company.
...On the strength of the above cited authority I hold that the claimants are entitled to one month salary in lieu of notice as against the N25. Million claimed by the claimant.
On pension deductions, the defendant in response to this tendered exhibit D1a to D1e which slows the various remittances of the claimants and other employees’ pension deduction up to the month of March 2016. Long after the claimant has ceased to work for the defendant, I am satisfied that the defendant has been remitting the pension deduction of the claimants. This being the case, the claimant has failed to prove that the defendant neglected in remitting the pension deduction of the claimants.
Judgement is hereby entered in favour of the claimants in the following terms.1) The defendant shall pay the sum of N1, 408,845.36K being the total unpaid salaries of the claimants covering the period of 4 months from April to July 2015.
2) The defendant shall also pay the sum of N306,778.66K being 1 month salary in lieu of notice to the claimants
The judgment sum shall be paid within 14 days from the date of this judgment.
