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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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[Flash] Industrial Court Orders DAAR COMMUNICATIONS PLC To Pay Ex-Employee Outstanding Salary Arrears, Allowance Within 60 Days


1025 Tuesday 4th December 2018

 

Lagos – His Lordship, Hon. Justice NCS Ogbuanya of the National Industrial Court of Nigeria, sitting in Lagos, on Monday 15th October 2018 via judgment declared the failure or refusal of DAAR COMMUNICATIONS PLC (Defendant) to pay MR. ADEBIYI OLUTAYO LANRE (Claimant) salaries for the months of December, 2016-September, 2017 in the sum of N455, 404 and the unpaid outstanding N100, 000, being balance for the salary arrears for January to June, 2016 is unlawful and unjust, ordered payment of outstanding salary arrears and leave allowance within 60days.

 

The Claimant sought for the following Reliefs among others; A Declaration that the Defendant’s failure or refusal to pay the Claimant’s salaries for the months of December, 2016-September, 2017 in the sum of N455, 404 and the unpaid outstanding N100,000 balance for the salary arrears for January to June, 2016 is unjust, illegal and amounts to flagrant breach of the provision Section 15 of the Labour Act CAP.L1 Law of the Federation of Nigeria, Vol. 7, 2010. And An Order compelling the Defendant to remit Claimant’s pension contributions up to date to Claimant’s Pension Administrator. Likewise, An Order compelling the Defendant to pay the Claimant said sum of N555,404 (Five Hundred and Fifty Five Thousand, Four Hundred and Four Naira).  Only being the Claimant’s outstanding salary arrears for the months of December, 2016 to September, 2017 and the unpaid outstanding N100,000 balance for the salary arrears for January to June, 2016.

 

The Claimant has established through documentary evidence that he was an employee of the Defendant, and that he worked with the Defendant for the relevant period and as such, he is entitled to an order for the payment of his unpaid outstanding salary arrears for December 2016 to September 2017 in the sum of N455,404. That the Claimant has also established that his unpaid salaries for the month of January to June, 2016 was N273,242.40 as calculated, but only the sum of N173,OOO was paid by the Defendant.

 

On Pension Contribution claim, counsel submitted that the Claimant had laid sufficient evidence that the Defendant failed or refused to consistently remit his pension contribution to his Pension Administrator-IBTC Pension, and that he received a text message from IBTC Pension on the 29th August, 2017 to the effect that no contributions have been into the Claimant's Retirement Savings Account in the last four (4) months.  Counsel further contended that the Claimant was unduly denied his leave allowance/bonus he was entitled to by virtue of S.18 (1) Labour Act.

 

The trial was concluded under Or.38 R.2(4) NICN (CP) Rules 2017, after the Defendant declined to appear at the trial and the Claimant’s counsel was ordered to file and serve his lone Final Written Address and same was adopted and adumbrated on at the proceedings of 20th July 2018, after service of requisite Hearing Notice on the Defendant through its counsel on record.

 

After careful analysis of all the processes filed, and the submissions of the learned Counsel, The Court presided by Hon. Justice NCS Ogbuanya expressed thus;

 

“Neither the Defendant nor its counsel appeared in court after just throwing in a defence process. They rather prefer to stay aloof and lay judicial ambush, and waiting to afterwards mount rooftop to howl and yowl of lack of fair hearing targeted at upturning an otherwise deserving decision.

 

“It is settled principle of adjudication that evidence which is neither challenged through cross-examination nor controverted by other evidence and is not itself incredible or inadmissible qualify to be accepted and acted upon by the trial court.

 

“It is hereby declared that the Defendant’s failure or refusal to pay the Claimant’s salaries for the months of December, 2016-September, 2017 in the sum of N455, 404 and the unpaid outstanding N100, 000, being balance for the salary arrears for January to June, 2016 is unlawful and unjust.

 

The Defendant is hereby ordered to pay the Claimant said sum of N555,404 (Five Hundred and Fifty Five Thousand, Four Hundred and Four Naira) being the Claimant’s outstanding salary arrears for the months of December, 2016 to September, 2017 and the unpaid outstanding N100,000 balance for the salary arrears for January to June, 2016.

 

The court also ordered Defendant to compute and pay to the Claimant his leave allowance for the year 2016 and to remit Claimant’s pension contributions up to date to Claimant’s Pension Fund Administrator.

 

“Monetary payments in this Judgment shall be paid by the Defendant to the Claimant within two (2) months of receipt of this Judgment. Otherwise, 10% interest per annum shall accrue on the sums due until finally liquidated.” Justice Ogbuanya Declared.