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.
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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.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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