Hon. Justice Anthonia Ubaka of the Lagos Judicial Division of the National Industrial Court has ordered NICON Insurance to refund the unlawfully deducted salaries of Mr Henry, Mrs Esther and Mr Gilbert the sum of N317k, N706k and N263k respectively; and remit all outstanding unremitted pension due to them to their respective Pension Fund Administrators, and the sum of N1m as cost of the action within 30 days.
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From facts, the Claimants, Mr Henry and 2 others, had submitted that they were employees of NICON Insurance and that throughout their employment, the Insurance Company deducted pension contributions from their salaries but failed to remit same to their respective Retirement Savings Accounts, while also failing to comply with the contributory retirement provisions contained in its Staff Handbook.
Mr Henry and 2 others averred that the Insurance Company’s Staff Handbook established a compulsory Contributory Retirement Plan requiring contributions by both the employer and employees towards retirement benefits, but NICON Insurance failed to consistently remit the deducted pension contributions, leaving substantial outstanding pension liabilities at the time their employments were terminated.
Counsel further submitted that NICON Insurance’s failure to pay the outstanding salaries, remit the deducted pension contributions and settle Mr Omodior Henry and 4 others’ entitlements deprived them of the benefits that would have cushioned the effect of the termination of their employments.
In defence, NICON Insurance neither entered appearance nor filed any statement of defence despite being served with the originating processes and was subsequently foreclosed from opening its defence before the Court.
NICON Insurance equally failed to file a final written address, leaving the Claimants’ evidence and documentary exhibits unchallenged and uncontroverted before the Court.
Learned counsel to Mr. Omodior Henry and 2 others, Adetutu Oshinusi Esq submitted that the Staff Handbook of NICON Insurance constituted a clear admission of the obligations owed to his clients, that the Insurance Company breached its contractual and statutory obligations by failing to remit pension deductions and by making unlawful salary deductions, and urged the court to grant the reliefs sought.
In a well-considered judgment, Hon. Justice Anthonia Ubaka held that Mr Henry and 2 others have established their employment relationship with NICON Insurance and proved through documentary evidence that the Insurance Company deducted pension contributions from their salaries but failed to consistently remit the deductions to the respective Pension Fund Administrators as required under the Pension Reform Act 2014 and NICON Insurance’s Staff Handbook.
Justice Ubaka held that the evidence established that NICON Insurance defaulted in remitting the contributory pension due to Mr Henry and 2 others, and further that there was no evidence that the Insurance Company contributed its own share of the contributory pension as required by law.
The Court held that there was no provision in the contracts of employment or NICON Insurance Staff Handbook authorising the deductions made from the salaries.
Justice Ubaka further held that Mr Henry and 4 others successfully proved their entitlement to the reliefs sought and consequently entered judgment directing NICON Insurance Limited to refund the unlawfully deducted salaries.
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