His Lordship, Hon. Justice Zaynab Bashir of the National
Industrial Court, Portharcourt Judicial division has ordered OAS
SERVICES LTD to remit all deductions and contribution made as
contributory pension from its former staff Mr. Igwe Okoro, and the
sum of N440,160 arrears of salary with Three Hundred Thousand Naira
general damages.
The Court held that delay in the payment of Igwe salaries and to
have some of his salaries unpaid after leaving the employment of
the firm since October, 2018 is without a doubt a wrong which
equitably deserves remedy and the remedy can only be made in form
of general damages.
From facts, Claimant- Igwe Okoro had averred that since the
commencement of his employment, the firm refused to pay his salary
as at when due and also owed him salaries and also failed to remit
sums meant for pension contribution into his pension account,
refused to pay his entitlement after his voluntary resignation.
Upon cross-examination, he admitted that his pension
administrator was never disclosed to the firm as the Defendant
never asked for it until two weeks to the day of trial but refused
to provide it because the matter was already in court, stated that
he’s not aware that each employer has a tax code.
In defence, the defendant- OAS SERVICES LTD filed preliminary
objection prayed for an order of the Court dismissing or striking
out the suit for lack of jurisdiction on the ground that the suit
ought to have commenced in Lagos Division that the contract between
them arose in Lagos and the Defendant resides in Lagos, and further
that the service of processes on the branch office of the Defendant
in Port-Harcourt is improper.
The Defendant denied failing to pay Claimant’s salary regularly
and posited that tax deductions are paid to the Lagos state
government en bloc while the Claimant has failed to provide his
Pension account details after several demands from the
Claimant.
The Defendant added that it wrote to the Claimant stated its
willingness to pay to the Claimant the sum of N440,160 contrary to
the sum of N726,500 which he is claiming, that the Claimant’s
claims for salary in lieu of notice and damages for breach of
contract are frivolous and unfounded, urged the court to disregard
and dismiss same.
In opposition, Claimant counsel argued that by the Rules of the
Court, even where the case is instituted in a wrong division, the
court may proceed unless otherwise directed by the President of
this court urged the Court to dismiss the objection.
Counsel further submitted that the Claimant is entitled to the
reliefs sought as same has been proved on a balance of probability
while the burden reposed on the Claimant has also been
efficaciously discharged.
Delivering judgment, the presiding Judge, Justice Zaynab assumed
Jurisdiction and held that by the rules of the Court, service can
be effected at the place of business of the firm within the
judicial division of the court where the dispute arose and not
necessarily the registered office as same is optional given the
disjunctive use of ‘or’ in the provision.
“However, the Defendant had admitted to owing the Claimant the
sum of N440,160 which of course represents the salaries for August
and September amounting to N370,080 and the balance of the
shortfall of salaries paid for June and July put at N70,080.
“Consequently, the Claimant by the evidence presented before the
court has on a balance of probability established that he is
entitled to arrears of salary in the sum of N440,160 out of the
N726,500.
“Consequently, this court makes an Order directing the Defendant
to obtain and issue to the Claimant, the tax clearance
receipt/certificate in respect of all the tax deductions made from
his salaries.
His Lordship, Hon. Justice Zaynab Bashir of the National
Industrial Court, Portharcourt Judicial division has ordered OAS
SERVICES LTD to remit all deductions and contribution made as
contributory pension from its former staff Mr. Igwe Okoro, and the
sum of N440,160 arrears of salary with Three Hundred Thousand Naira
general damages.
The Court held that delay in the payment of Igwe salaries and to
have some of his salaries unpaid after leaving the employment of
the firm since October, 2018 is without a doubt a wrong which
equitably deserves remedy and the remedy can only be made in form
of general damages.
From facts, Claimant- Igwe Okoro had averred that since the
commencement of his employment, the firm refused to pay his salary
as at when due and also owed him salaries and also failed to remit
sums meant for pension contribution into his pension account,
refused to pay his entitlement after his voluntary resignation.
Upon cross-examination, he admitted that his pension
administrator was never disclosed to the firm as the Defendant
never asked for it until two weeks to the day of trial but refused
to provide it because the matter was already in court, stated that
he’s not aware that each employer has a tax code.
In defence, the defendant- OAS SERVICES LTD filed preliminary
objection prayed for an order of the Court dismissing or striking
out the suit for lack of jurisdiction on the ground that the suit
ought to have commenced in Lagos Division that the contract between
them arose in Lagos and the Defendant resides in Lagos, and further
that the service of processes on the branch office of the Defendant
in Port-Harcourt is improper.
The Defendant denied failing to pay Claimant’s salary regularly
and posited that tax deductions are paid to the Lagos state
government en bloc while the Claimant has failed to provide his
Pension account details after several demands from the
Claimant.
The Defendant added that it wrote to the Claimant stated its
willingness to pay to the Claimant the sum of N440,160 contrary to
the sum of N726,500 which he is claiming, that the Claimant’s
claims for salary in lieu of notice and damages for breach of
contract are frivolous and unfounded, urged the court to disregard
and dismiss same.
In opposition, Claimant counsel argued that by the Rules of the
Court, even where the case is instituted in a wrong division, the
court may proceed unless otherwise directed by the President of
this court urged the Court to dismiss the objection.
Counsel further submitted that the Claimant is entitled to the
reliefs sought as same has been proved on a balance of probability
while the burden reposed on the Claimant has also been
efficaciously discharged.
Delivering judgment, the presiding Judge, Justice Zaynab assumed
Jurisdiction and held that by the rules of the Court, service can
be effected at the place of business of the firm within the
judicial division of the court where the dispute arose and not
necessarily the registered office as same is optional given the
disjunctive use of ‘or’ in the provision.
“However, the Defendant had admitted to owing the Claimant the
sum of N440,160 which of course represents the salaries for August
and September amounting to N370,080 and the balance of the
shortfall of salaries paid for June and July put at N70,080.
“Consequently, the Claimant by the evidence presented before the
court has on a balance of probability established that he is
entitled to arrears of salary in the sum of N440,160 out of the
N726,500.
“Consequently, this court makes an Order directing the Defendant
to obtain and issue to the Claimant, the tax clearance
receipt/certificate in respect of all the tax deductions made from
his salaries.