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Owerri – His Lordship, Hon. Justice I. S. Galadima of the National Industrial Court of Nigeria, sitting in Owerri on Wednesday 26th November 2018 in a judgment delivered ordered NET GLOBAL SYSTEM AND TECHNICAL SERVICES LTD (defendant) to pay FRIDAY WEKPA (claimant) the sum of N 90,000.00 being one month’s salary in lieu of notice of termination of employment; and 10% pre-judgment interest per annum on the sum of N 90,000.00 from the 28th May 2015 till the 26th of November, 2018 within 14 days.
The Claimant commenced this suit by a complaint, sought against the defendant for An award of this Court for the sum of five million naira (N5,000,000) in favour of the Claimant against the Defendant being damages for using the Claimant as a slave employee/worker and in a manner relating to or connected with unfair labour practice or international best practices in labour, employment and industrial relation matters. And An award of this Court for the sum of five million naira (N 5,000,000) in favour of the Claimant against the Defendant for failing and refusing to contribute to pension fund to the Claimant.
Likewise, An award of this Court with interest at the current rate on the sum of ninety thousand naira (N 90,000) being payment of salary in lieu of notice in favour of the Claimant against the Defendant from the 28th day of May 2015 to the final determination of this matter.
The Claimant was an employee of the Defendant from 10th January 2009, to May 28th 2015, when his employment was terminated. The Claimant’s case is that the Defendant deducted monies from his salary as pension “without anything to show for it”.
Learned Counsel for the Defendant submitted that the Claimant must plead and prove that he was employed under conditions of slavery, which he failed to do, because there is no evidence before the Court showing that the Claimant was forced to work, or that his salaries were inadequate compared to other workers performing the same services for the Defendant or elsewhere.
Learned Counsel also argued that the Claimant failed to plead or lead evidence about the exact amount of money that was deducted from his paid salaries as pension contributions and the period of time the monies were deducted.
Defendant admitted that the Claimant is entitled to one month salary in lieu of termination notice. However, Counsel pointed out that contrary to the instructions in the termination letter for the Claimant to return all the Defendant’s properties in his possession and collect his terminal benefits from the Finance department.
He Further Argued that the Claimant has disclosed no cause of action against the Defendant as he did not prove that he was refused the payment of his one month salary and the evidence of the Claimant is not credible because it was not corroborated urged the court to dismiss the entire suit with substantial cost.
Counsel to the claimant submitted that the facts averred about the Claimant’s ill health while he was working, were never challenged, and instead of allowing the Claimant proceed on sick leave, his employment was terminated as a result of “unsatisfactory performances so far” thereby contradicting the contents of the Defendant’s commendation letter, where the Claimant was hailed to have performed satisfactorily.
After careful analysis of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice I. S. Galadima expressed thus;
“To begin with, the legislation cited by Counsel (claimant) that is, the Workmen Compensation Act, was repealed by Section 72 of the Employees’ Compensation Act 2010. The long title of the Act clearly describes it as an Act to repeal the Workmen Compensation Act and to make provisions for any death, injury, disease or disability arising out of or in the course of employment.
“It is therefore clear from the foregoing provision that the claim for compensation for injury cannot ordinarily be sustained since it is founded on an Act that was already repealed and non extant.
“From the foregone reasons and more, the Claimant’s prayer for N5,000,000 as general damages against the Defendant for purportedly using him as a slave employee/worker and in such manner relating to or connected with unfair labour practice or international best practices in labour, is refused simply because of the Claimant’s inability to sufficiently prove that he is entitled to this.” Justice Galadima declared.
The Court ordered defendant to pay claimant the sum of N 90,000.00 being one month’s salary in lieu of notice of termination of employment; and 10% pre-judgment interest per annum on the sum of N 90,000.00 from the 28th May 2015 till the 26th of November, 2018, the date of this here judgment within 14 days.
