IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BEFORE HIS LORDSHIP, HON. JUSTICE (Dr) I. J. ESSIEN
DATE: 16th May, 2019
SUIT NO: NICN/LA/445/2018
BETWEEN
ENO ARCHIBONG
Claimant
AND
TECHNOCRIME SECURITY LIMITED
Defendant
REPRESENTATION:
J.O.Monye Esq. with J. P. Shemidara Esq. for the claimant
No representation for the defendant
JUDGMENT.
The claimant in this suit by complaint dated and filed in this court on the 24/8/2018 sought the following reliefs from this court
- a)An order that the defendant pay to the claimant the remainder of her terminal benefits i.e gratuity in the sum of N370,000.00 (Three Hundred and Seventy Thousand Naira Only) being her entitlement for 9 years of service.
- b)An order that the defendant remit to the claimant all the money deducted as pensions for the period of 104 months in which the claimant worked for the defendant in the sum of N404,352.00 (Four Hundred and Four Thousand, Three Hundred and Fifty-Two Naira Only).
- c)An order that the Defendant pay to the Claimant her annual leave allowance for the year 2016 in the sum of N32,000.00 (Thirty-Two Thousand Naira Only).
- d)General Damages: Five Hundred Thousand Naira only (N500, 000) for the pain, embarrassment and financial hardship caused by the defendant to the Claimant as a result of the withholding of the entitlements.
- e)Costs of this action assessed at N500, 000 (Five Hundred Thousand Naira).
The defendant was served with the origination process in this suit on the 29/8/2018. The defendant did not enter any defence in this action.
Hearing in this suit commenced on the 27/11/2018 with the claimant testifying as DW1 and the sole witness. DW1 gave evidence in chief and tendered the following documents in evidence;
1) Letter of appointment dated 17/11/98, Exhibit C1.
2) Letter of termination dated 29/12/2017, Exhibit C2.
3) Technocrime staff-handbook, Exhibit C3.
4) Firstbank Statement of Plaintiff Account Exhibit C4.
5) Trustfund retirement savings account, Exhibit C5.
6) Letter of Appeal for legal assistance, Exhibit C6.
7) The response to letter of appeal dated 6/4/18 from the office of the Public defender, Exhibit C7.
The claimant urged the court to grant his relieves. The suit was adjourned to the 12/12/2018 for defence. On that date the defendant was absent in court and was also unrepresented despite the service of hearing notice on their counsel. The claimant counsel urged the court to foreclose the cross examination of the defendant. The defendant was accordingly foreclosed. And the matter was adjourned to the 5/1/2019 for defence. Again the defendant was absent in court despite the service of hearing notice on the defendant. The defence of the defendant was foreclosed. And the matter was adjourned to the 12/3/19 for adoption of final written address of the claimant counsel. On the above date the claimant and counsel were absent in court. The final written address of the claimant counsel was deemed adopted pursuant to Order 45 Rule 7 of the rules of this court.
BRIEF STATEMENT OF THE FACTS.
It is the case of the claimant that the claimant was employed in November, 1998, on a monthly salary of N 30.000.00. The claimant was posted on field work from the time of employment until the 3/10/2008 when she was recalled from the field to serve as a posting officer up to the 2nd January 2018. The claimant salary was reviewed upwards to N 60,000 per month. The claimant was terminated of her employment on the 2/1/2018 without prior notice. claimant also allege that she was not paid her 2016 leave bonus in the sum of N 32,000. The claimant also alleges that the defendant also deducted sums of money from her salary which was to be remitted into her Retirement Savings Account (RSA). He allege that the defendant only remitted pension deduction into her RSA for only 5 months
It is her case that the defendant owes her gratuity benefit for 9 years she served as posting officer in the sum of N 540,000 out of which the defendant only paid N170,000 leaving a balance of N 370,000. Also that her unremitted pension for 104 months amounts to N404,352.00k. That several entreaties to the defendant to pay this sum has yielded no response. This is the facts of the claimant case before this court.
From the facts and circumstances of this case this court is to determine whether the claimant has proved his entitlement to the reliefs sought in this action.
ON CLAIM NO 1
Here the claimant claims the sum of N370,000 being the remaining balance of her gratuity for 9 years of service.
In proof of her case the claimant tendered exhibit C1 the letter of appointment of the claimant as an employee of the defendant. The claimant testified that her salary was N 60,000 per month, she testified that she dutifully worked for the defendant for 19 years, 10 of those years as a field staff and 9 years as posting officer, a middle level management position. The claimant tendered exhibit C3 the staff handbook and condition of service of the defendant. she testified that by paragraph 15(b) dealing with gratuities provides ‘intermediate staff and above are entitled to one month’s salary for every completed year of service’ the claimant also testified and admits that she was paid N170,000 vide exhibit C4 remaining a balance of N370,000 from the total sum of N540,000 which would have been her total gratuity payment. These pieces of evidence was not controverted. The law is settled and it is a court must found and rely on uncontroverted evidence. See the case of Asafa Food Factory Limited V. Alraine Nig. Ltd & Anor [2002] LPELR 570 (SC).
It is undisputed that the claimant worked as an intermediate staff of the defendant for 9 years and was therefore entitled to claims the gratuity benefits as provided in paragraph 15b of the defendant hand book Exhibit C3 which entitled the defendant to pay the claimant one month salary for every successful year in the service of the defendant as an intermediate management staff of the defendant. I am therefore satisfied that the claimant has proved his entitlement to the sum of N370,000 as the balance of his gratuity benefit.Judgment is hereby entered in favour of the claimant in the sum of N370,000.00k being the balance of the claimant gratuity entitlement.
ON CLAIM NO 2
In this claim the claimant seeks an order of this court that the defendant remit to the claimant Pension Fund Administrator PFA the sum of N404, 352.00 being the value of her unremitted pension for 104 months.
The claimant testified that the defendant failed to remit her pension contribution for 104 months. The claimant tendered exhibit C5 the statement of account of the claimant Retirement Savings Account domiciled with Trustfund. It is clear from exhibit C5 that the defendant did not remit the claimant pension contribution for the years 2009 – February 2011, 2012, 2013, 2014, 2015, 2016, January to September 2017 and November, December 2017 totalling about 104 months. Claimant stated that the defendant made deduction from her salary at the rate of 7.5% but failed to remit the said deduction to the claimant PFA. These evidence was not challenged neither did the defendant call any evidence in rebuttal of these facts. On the authority of Ogunyade V. Oshunkeye [2007] 15 NWLR (pt 1057) 218. The defendant is deemed to have admitted these facts. I am satisfied that by exhibit C5 the defendant failed to remit the pension contribution of the claimant to the claimant’s Pension Fund Administrator. The action of the defendant is a clear violation of the Pension Reform Act 2004. The defendant shall pay the sum of N404,352.00k which should have been remitted to the Retirement Savings Account of the claimant domiciled with ‘Trustfund’ which is the PFA of the claimant directly to the claimant.
ON CLAIM NO 3
In this claim the claimant seeks an order of this court directing the defendant to pay the claimant the sum of N 32,000.00k being the claimant annual leave grant for the year 2016. The claimant testified in his witness deposition that he was not paid his 2016 annual leave bonus in the sum of N 32,000.00k this evidence was not challenged. This court is therefore bound to act on this evidence. Accordingly this court holds that the defendant is to pay the claimant his 2016 annual leave bonus as claimed in this suit. Accordingly the defendant shall pay the sum of N32,000.00k being claimant 2016 annual leave grant to the claiamant.
ON CLAIM NO 4
The claimant on this head claims N 500,000 as general damages. The claimant in paragraph 17 to 22 testified about all the efforts he made to make the defendant pay her entitlement which the defendant neglected and or refused to pay. He specifically stated that he has been unable to take care of his family as a result of the defendant refusal to pay his entitlement after he was terminated of his employment. I am satisfied that the refusal of the defendant to pay the claimant his entitlement has occasioned hardship to the claimant. The defendant is entitled to damages. I ward the sum of N400,000.00 as damages in favour of the claimant against the defendant.
On the whole the claims of the claimant in this suit succeeds. Judgment is entered in favour of the claimant in the following terms;
1) The defendant shall pay the sum of N370,000 being the outstanding balance of the claimant gratuity entitlement of the claimant forthwith.
2) The defendant shall pay the sum of N404,352.00k which should have been remitted to the Retirement Savings Account of the claimant domiciled with ‘Trustfund’ which is the PFA of the claimant directly to the claimant.
3) The defendant shall pay the sum of N32,000.00k being unpaid leave grant for the year 2016 to the claimant.
4) The defendant shall pay the sum of N400,000 as general damages for the unlawful withholding of the claimant entitlement after the termination of the appointment of the claimant.
5) The cost of this suit is assessed at N200,000.00k
All monetary award made by this court shall be satisfied by the defendant within 14 days from the date of this judgment, failure of which it shall attract interest at the rate of 10% until the final liquidation of this judgment debt.
Judgment is entered accordingly.
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Hon. Justice (Dr.) I. J. Essien
(Presiding Judge)
