Hon. Justice Emmanuel Sublim of the Abuja Judicial Division of the National Industrial Court has declared the Corporate Affairs Commission and Registrar General Corporate refusal and failure to pay Dr Ogunlade his entitlements for the accrued period when in service covered by the letter of promotion constitutes unfair labour practice.
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The Court ordered the Corporate Affairs Commission and Registrar General Corporate and the Court’s Chief Registrar to serve as referee in line with the rules of the court, to compute the quantum using the CAC’s manuals and pay Dr. Ogunlade his arrears of promotion, gratuity and pension from 1st January, 2022 to 19th December, 2022 only.
Justice Sublim further awarded the sum of N7,000,000.00 against the Corporate Affairs Commission and the Registrar General of Corporate Affairs as general damages, and the sum of N300,000.00 as the cost of action.
From facts, the claimant – Dr Ogunlade had submitted that during his employment with the CAC, he was found eligible and participated in the promotion exercise which consequently resulted in his promotion to the rank of Assistant Director with effect from 1st January, 2022, but his promotion letter was not issued to him until he exited the Commission.
Dr. Ogunlade averred that having confirmed that his colleagues who exited the 1st Defendant and subsequently promoted were paid theirs arrears of emolument covering the period for which they were promoted before exiting the Corporate Affairs Commission, he requested for payment of his arrears of promotion and other benefits covering 1st January, 2022 until the 19th December, 2022 when he resigned; which request was without any response from the 1st Defendant hence this suit.
In defence, the defendants- Corporate Affairs Commission and Registrar General Corporate stated that Dr Ogunlade voluntarily resigned his employment with the Corporate Affairs Commission on December 19, 2022, and argued that since the promotion letter was issued after the resignation, it is legally ineffective and void. Therefore, Dr Ogunlade cannot claim rights or benefits arising from it.
The Corporate Affairs Commission and Registrar General Corporate averred that they are not in breach of the Public Service Rules, the Corporate Affairs condition of service or any law. They urge the Court to dismiss Dr Ogunlade’s suit with substantial costs for being disgusting, speculative, vexatious and irritating.
In opposition, Dr Ogunlade’s counsel maintained that the Corporate Affairs Commission and Registrar General Corporate cannot retain the labour and status output of an Assistant Director from January to December 2022 without compensating his client accordingly.
Counsel reiterated that the Corporate Affairs Commission and Registrar General Corporate, having neither issued a countermanding directive nor formally withheld the promotion, and having failed to expressly dispute Dr Ogunlade’s entitlements in line with the promotion, is deemed by law to have accepted it.
Reply on point of law, the Corporate Affairs Commission argued that Dr Ogunlade’s promotion letter was issued in error, has no legal effect, and cannot confer any rights on the Claimant. Therefore, Dr Ogunlade’s entire argument should be dismissed, and the Court is urged to do so with substantial costs.
In a well-considered judgment, the presiding Judge, Justice Emmanuel Sublim held that the Corporate Affairs Commission and Registrar General Corporate’s argument that Dr Ogunlade’s promotion was subject to a condition is not credible in the light of the letter of promotion.
The Court stated that the letter of promotion issued to Dr Ogunlade was conclusive of its content and not conditional, as argued by counsel to the Corporate Affairs Commission and Registrar General Corporate.
Justice Subilim reasoned that Dr Ogunlade had done all that it takes to be promoted, but due to bureaucratic bottleneck, the promotion was delayed and only to be released 13 months later, and held that the carelessness of the CAC cannot be visited on Dr Ogunlade.
The Court declared the action of the Corporate Affairs Commission and Registrar General Corporate as detestable and an unfair labour practice as the Defendants fail to proffer reasons why Dr. Ogunlade should not be paid his promotion arrears despite her witness testimony that the same colleagues of Dr. Ogunlade who exited with him and also promoted at the same time were paid arrears of their promotion, gratuity and pension.
“On this ground, I find and hold that giving the evidence before this court, claimant can still benefit from his accrued promotion due to him after resignation from the employment of the Corporate Affairs Commission within the time he remains in service before exiting. Accordingly, I hereby find that claimant is entitled to promotion arrears of salary from 1st January, 2022 to 19th December, 2022. This I so hold.” The Court ruled
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