Witness narrates how Ex-HoS, allies diverted public funds to private companies in court
Industrial Court orders construction firm to compute and pay 2 former staff Outstanding Salary, Unremitted Pension, awards N1m
By Joseph Ayinde
His Lordship, Hon. Justice Zaynab Bashir of the National Industrial Court, Portharcourt Judicial division has ordered Mfe Construction Ltd to compute and pay her two former staff Mr. Ugwu Onuorah and Mrs. Ruth Ekama the 50% balance of their accrued and unpaid outstanding salary and unremitted pension contribution as admitted with the sum of 1 million Naira damages.
The Court held that the act of the firm in failing to pay claimants salaries and remit their pension contribution when due amount to unfair labour practice which undoubtedly can cause great inconvenience for an employee.
From facts, the claimants – Mr. Ugwu Onuorah and Mrs. Ruth Ekama had pleaded that they were employed in 2013 and 2015 respectively, that the firm stopped paying their salaries in December 2016.
They averred further that the continued failure to pay their respective salaries led to their resignation. They also added that upon approaching their pension Managers, they discovered that the firm failed to remit their pension contribution for several months urged the court to grant the relief sought.
In defence, the firm averred that it experienced hardship due to non-payment for works executed for clients and same led to difficulty in payment of salaries while the Claimants resigned at the time the Defendant was making successful effort to pay as the Claimants have respectively been paid up to 50% of the salaries owed to them was paid during the pendency of the suit.
Counsel O.J. Ezuma with K.E. Ejiofor posited that the claimants failed to prove their case as required by law to be entitled to all the reliefs claimed that the letter of appointment tendered is not really a photocopy but computer-generated evidence with non-compliance with the Evidence Act.
Counsel added that it must be borne in mind that the claimants were not sacked by the defendant, rather, they voluntarily resigned their appointments without the required notice as stipulated in their offer letters hence, the claimants are not entitled to twenty million naira each as claimed or any amount as damages in the case.
In opposition, the claimants’ counsel G.O. Ebulu Esq. posited that the said exhibit is not a computer-generated document but a photocopy urged the court to grant the reliefs sought.
Delivering the Judgment after careful evaluation of the processes filed by the parties and examined all the exhibits tendered and admitted in evidence, the presiding Judge, Justice Zaynab Bashir overruled the objection of the firm on the exhibit admittance for lacking merit.
“In view of the fact that the claims presented before this court are specific monetary claims which are largely unpaid salaries, unpaid allowance and unremitted pension, I must state that the said claims come within the realm of special damages which require specific pleading and strict proof.
“I am also mindful of the fact that I had earlier found that the letter of appointment issued to the 1st Claimant clearly states that his basic salary and allowances are subject to deductions and that is why it was important for the Claimant to have tendered his statement of account to ascertain the exact sum which he normally earns after deductions.
“Nevertheless, this Court takes cognizance of the fact that the Defendant admits to owing the 1st Claimant 50% of his salary and it is in that light that this Court hereby make an Order directing the Defendant to compute and pay to the 1st Claimant, the 50% balance of his accrued and unpaid outstanding salary.
