Court Declares Withholding Of Salary Arrears As Unfair Labour Practice, Awards Damages Against Firm

His Lordship, Hon. Justice Zaynab Bashir of the Portharcourt
Judicial Division of the has ordered Monier Construction Company to
compute and pay its former staff Engr. Oghenetejiri Akpotaghware
severance benefits along with any other arrears of salaries due to
him pursuant to the termination of his employment within 7
days.

The Court held that the practice of unduly holding back Engr.
Oghenetejiri severance benefits after he handed over the company
properties in his possession as an unfair labour practice, awarded
the sum of N300,000.00 (three hundred thousand naira only) for
general damages and the sum of N300,000.00 (three hundred thousand
naira only) for the cost of action against the firm.

From facts, the claimant – Engr. Oghenetejiri Akpotaghware had
submitted that his employment was abruptly terminated and after he
handed over all the company properties in his possession as
directed that the company failed to pay his outstanding salary
arrears after repeated demands, urged the court to grant reliefs
sought in the interest of justice.

In defence, the firm averred that Engr. Oghenetejiri was laid
off, along with others due to the downsizing of the Workforce owing
to the present economic downturn in the country and that it
followed strictly the laid down procedure as contained in their
Agreement but owing to the refusal and neglect of the Claimant to
properly hand over the properties/documents of the company in his
possession that the Accounts Department is yet to conclude the
computation of the severance benefit, hence the demand for the sum
of N3,000,00.00 (Three Million Naira) only or any other sum is
baseless and unfounded.

The firm Counsel N.A. Ayewoh Esq concluded that Engr
Oghenetejiri has not made out any case to entitle him to the
reliefs sought, urged the court to dismiss the action with
substantial costs.

Delivering the Judgment, the presiding Judge, Justice Zaynab
Bashir held that the firm has no valid reason to withhold Engr.
Oghenetejiri severance benefit.

“It is an afterthought on the part of the firm to posit that
their failure to pay the Claimant his severance benefit is due to
the refusal of the Claimant to handover Defendant’s property in his
possession.

“In addition to the foregoing, the Claimant failed to place
before this court any evidence which can establish that he is
entitled to overtime pay, 7.5% salary bonus and Christmas
bonus.

“That notwithstanding, I reckon that the Defendant admitted that
it had not paid the Claimant his severance benefit and that the
failure to pay is due to the misconception that the Claimant still
has the Defendant’s property in his possession.” Justice Zaynab
Bashir

His Lordship, Hon. Justice Zaynab Bashir of the Portharcourt
Judicial Division of the has ordered Monier Construction Company to
compute and pay its former staff Engr. Oghenetejiri Akpotaghware
severance benefits along with any other arrears of salaries due to
him pursuant to the termination of his employment within 7
days.

The Court held that the practice of unduly holding back Engr.
Oghenetejiri severance benefits after he handed over the company
properties in his possession as an unfair labour practice, awarded
the sum of N300,000.00 (three hundred thousand naira only) for
general damages and the sum of N300,000.00 (three hundred thousand
naira only) for the cost of action against the firm.

From facts, the claimant – Engr. Oghenetejiri Akpotaghware had
submitted that his employment was abruptly terminated and after he
handed over all the company properties in his possession as
directed that the company failed to pay his outstanding salary
arrears after repeated demands, urged the court to grant reliefs
sought in the interest of justice.

In defence, the firm averred that Engr. Oghenetejiri was laid
off, along with others due to the downsizing of the Workforce owing
to the present economic downturn in the country and that it
followed strictly the laid down procedure as contained in their
Agreement but owing to the refusal and neglect of the Claimant to
properly hand over the properties/documents of the company in his
possession that the Accounts Department is yet to conclude the
computation of the severance benefit, hence the demand for the sum
of N3,000,00.00 (Three Million Naira) only or any other sum is
baseless and unfounded.

The firm Counsel N.A. Ayewoh Esq concluded that Engr
Oghenetejiri has not made out any case to entitle him to the
reliefs sought, urged the court to dismiss the action with
substantial costs.

Delivering the Judgment, the presiding Judge, Justice Zaynab
Bashir held that the firm has no valid reason to withhold Engr.
Oghenetejiri severance benefit.

“It is an afterthought on the part of the firm to posit that
their failure to pay the Claimant his severance benefit is due to
the refusal of the Claimant to handover Defendant’s property in his
possession.

“In addition to the foregoing, the Claimant failed to place
before this court any evidence which can establish that he is
entitled to overtime pay, 7.5% salary bonus and Christmas
bonus.

“That notwithstanding, I reckon that the Defendant admitted that
it had not paid the Claimant his severance benefit and that the
failure to pay is due to the misconception that the Claimant still
has the Defendant’s property in his possession.” Justice Zaynab
Bashir