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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 firm to pay Odigbo Daniel 18 Months outstanding Salaries


2054 Tuesday 14th April 2020


His Lordship, Hon. Justice Zaynab Bashir of the National Industrial Court, Portharcourt Judicial division has ordered Advance Coating Technology Limited to pay Mr. Odigbo Daniel the sum of N5,955,000.00 (Five million, nine hundred and fifty-five thousand naira only) being the outstanding salaries, and N240,000.00 one-year leave allowance.

 

The Court held that an employer cannot use summary dismissal to deny employee arrears of salary which was earned and has become due and payable prior to the commission of an act leading to his dismissal.


From fact, Mr. Odigbo averred that his monthly remuneration was not regularly paid throughout his employment and was owed salary for some months in 2015, 2016 and 2017 and medical bills.


However, the Defendant posited that the facts stated by the Claimant are not entirely correct as the Company payment ledger shows otherwise and that the Defendant’s payment of salary is dictated and predicated on the availability of resources which was not regular. 


The Defendant added that the Claimant was also responsible for the loss of resources through absence from duty and dereliction of duty leading to the loss of a contract that he was engaged by another company while still working for the firm.

 

The Defendant also posited that they never received a resignation letter from the Claimant but that the Claimant was summarily dismissed on 22nd December 2017.


In reply, Counsel contended that the defendant who continued to retain the services of the claimant after 6 months’ probation period has by its conduct confirmed the appointment of the claimant and therefore the defendant cannot be heard to say that the Claimant’s appointment had not been confirmed.


He further posited that with regards to the loss of contract, that defendant did not tender any document in its proof just as every other claim is not supported by any evidence.


Counsel to the firm, concluded that the firm have been able to prove their counter-claim and are thus entitled to their claims there urged the Court to dismiss the Claimant’s Claims as unproven and unsustainable and grant the defendants’ Counter Claim.


Delivering Judgment, the presiding Judge, Justice Zaynab Bashir held that following claimant abandonment of work and the act of taking up another employment, the Defendant can dismiss the Claimant as they did following the several letters written to the Claimant.


“For the sake of clarity, since the Defendant validly dismissed the Claimant on the 22nd of December, 2017 having abandoned his work presumably from 11th of December, 2017, the only salary which the Claimant will lose along with the penalty of losing any accruable terminal benefit, will be the salary for December, 2017. Other than that, the Defendant is liable to pay the Claimant’s salary for every month preceding December 2017 that is due and payable.


“In the light of the foregoing, the Claimant has on a balance of probability established that the Defendant is indebted to him for arrears of salaries for the months of March, April, June, July, August, September, October and November 2016 and for the months of January, February, April, May, June, August, September and November 2017 and a balance of N355,000.00 being the outstanding for September and December,  2015 salary.” Justice Zaynab.

 

The Court also dismissed the counter-claim in its entirety that the firm failed to specifically prove that the Mr. Odigbo is responsible for the loss of contract.