Ibadan –His Lordship, Hon. Justice F. I. Kola-Olalere of the National Industrial Court of Nigeria, Sitting in Ibadan has ordered International Aviation College, Ilorin to pay former staff, Mr. Tunde Bakare, Mr. Ayanyemi Akinlolu and Mr. Sulaimon Opeyemi unpaid salaries, 18 months Annual basic allowance, 2 years Leave/Vacation Allowance and Severance Package within 60 days.
The court held that the letter of suspension of the claimants prior to the termination of their employment from the college was issued contrary to the parties’ term of employment as provided in of paragraph 2 of Article 79 (A) of the defendant’s Employees’ Policy Hand Book of 2013.
On February 28, 2014, the claimant filed Complaint against the defendants for the sum of N19, 487,537.47 being claimed under various sub-heads and Two months take home salaries in the sum of N1,416,676.66 as compensation for keeping the claimant off work.
Likewise, An Order of injunction restraining the defendants, their servants from ejecting and or removing the claimant and or his belongings from the official quarters until his entitlements are fully paid by the defendants and N2,000,000.00 general damages
In summary, the claimant expressed that after the termination of his employment; the defendants failed, refused and or neglected to settle or pay him his outstanding Arrears of salaries, Balance of Annual Leave Allowance, Annual Leave Allowance, annual leave with pay or payment in lieu of annual leaves, compensation for the accumulated leave and severance package despite several demands.
To the defendants, the only sum due to the Claimant as at the time his employment was terminated is the negotiated Annual Allowance for 2012/2013; which is the sum of N500,000.00 as, the maximum payable then was N2,250,000.00
Counsel submitted that the claimant’s demand for his Two months’ take-home salaries as compensation for keeping the Claimant in Ilorin and off work; are all baseless for having no root in any of provisions/or in the terms and conditions of his employment.
He continued that the claimant cannot be allowed to approbate and reprobate on the same issue; having agreed to the modification done in the Employees’ Policy Hand for which two consecutive payments were made to him.
In opposition, counsel to the claimant contended that it was not stated in the letter that the suspension is without pay and as such, further urged the court to hold that the claimant is entitled to his unpaid balance of N750,000.000 as benefit and allowance for the year 2011/2012.
Further contended that since there was no dispute that what the defendants paid the claimant as leave allowance for each year of 2011/2012 and 2012/2013 per year, the balance of N4,125,000.00 for each year remains outstanding and that the claimant is entitled to same, urged the court to award the sum of N8,250,000.00 representing the outstanding leave allowances for years 2011/2012 and 2012/2013.
After careful evaluation, The presiding Judge, Hon. Justice Kola Olalere held that in such a situation, the Court will have to look at the instruments of the relationship otherwise known as the terms and conditions of the contract of employment in order to determine the rights and obligations of the parties therein.
“Consequently, for the three months of the purported suspension, the claimant is deemed to have been in the employment working; and so, I hold that he is entitled to his salaries for the months of November & December 2013 and up to January 24, 2014, when his employment was eventually terminated by the defendants.
“I hold that the claimant is entitled to claim from the defendants, the total sum of One Million, Nine Hundred and Sixty-Five Thousand and Sixty Seven Naira Sixty Two Kobo (N1,965,067.62) only under this head.
On two months’ take-home salary as compensation for his accumulated leave, the court held that in line with the contract between the parties, the claimant has no basis for making such claim against the defendants.
In all, the court held that the claimant is entitled to claim from the defendants his Annual basic allowance for 18 months from July 2012 to January 2014 at the rate of N1,500,000.00 per annum; which equals a total sum of N2,250,000.00, a total sum of N8,250,000.00 as the balance of his annual Leave/Vacation Allowances for years 2011/2012 and 2012/2013 respectively as claimed.
Likewise, the sum of N900, 000.00 as his Annual Leave/Vacation Allowance for year 2013/2014 and the sum of N900,000.00 Severance Package among others.
His Lordship dismissed the claim of N2, 000,000.00 general damages, ordered that the judgment sum be paid to the claimant by the 1st defendant within 60days.
