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Hon. Justice Waziri Abali of the National Industrial Court of Nigeria, Bauchi Division on 23rd January, 2018 gave judgment in favor of Three (3) Security Guards in respect of non- payment of their Salaries in the case of Ibrahim Mohd & 2 Others v. M.D Super Cor Ltd & Anor.
On the19th of May 2017, the Claimants filed a complaint together with the statement of facts and other Accompanying Originating Processes against the Defendant claiming the following relief inter-alia:
a) The sum of
N1,376,433.00 (One Million Three Hundred and Seventy Six Thousand Four Hundred and Thirty Three Naira) only.
The suit is basically undefended as the Defendant, despite service of the Originating Processes and Hearing Notices failed to put in an appearance or defend the suit.
Counsel for the Claimants submits that in consideration of all the Exhibits filed, this is a case of Liquidated sum. Furthermore, even with repeated demands, the Defendants have refused to pay, despite having means to do so. It is also clear; the Defendants are not disputing the claims of the Claimants.
Finally, the Claimants counsel prayed this court to grant their reliefs and enter Judgment against the Defendants as per their claims, as the Claimants have placed sufficient material before this Court by Virtue of Exhibits and same entitles them to Judgment.
After reviewing the argument of the parties, the Court Presided by Hon. Justice Waziri Abali, had this to say:
“Well, I have gone through the whole processes filed in this suit, as well as Counsels submission, and shall go through the reliefs claimed by the Claimants.
The Claimants will be so entitled if they show an entitlement to it as well as how they came by each sum of money. The rule is that, it is the Claimant who claims that must prove, and in labour relations, an employee can only claim if he or she shows an entitlement. An entitlement is shown by having a look at the law that created it, be it the collective agreement where the entitlement was agreed between contracting parties or the conditions of service governing the relationship between employer/employee.
Furthermore, I firmly believe that, any person deprived of his salary for any period of time, has been placed in a distressing and pathetic situation, and the Claimants have not been paid for 9/10 months.
This is a wrong committed by the Defendant for which this Court is obliged to remedy by award of damages. After all, it is trite law, that where there is a wrong there must be a remedy”
In view of the above and foregoing, I find that the Claimants are entitled to their claims as claimed with modifications. It is therefore the order of this Court that:
i. The 1st Claimant is entitled to be paid
N127,305.00, unpaid Salary from December 2015 to August 2016, 9 months.ii. The 2nd Claimant is entitled to be paid
N570,890.9, unpaid Salary and allowances December 2015 to September 2016, 10 months plus any other Entitlements that may be due to him as per Condition of Service, as Exhibit IM9 mentioned final entitlements.
All terms of this Judgment are to be complied with within 30 days from today, default of which 10% interest per annum shall accrue on all the Judgment sums. Judgment entered accordingly.
