By Desire Emmanuel
The National Industrial Court last Friday dismissed the claims for employment entitlements brought by 45 disengaged staff against Jos Electricity Distribution Company for lack of merit.
Justice Ibrahim Galadima of the Jos division of the court, while dismissing the claims, said that the workers failed to prove, with credible and precise evidence, their entitlement to the sum of N16.5 million and other reliefs sought, particularly as the claims were like special damages requiring strict proof.
According to court documents made available on Monday, May 18, the 45 disengaged staff submitted that they were employed by Jos Electricity Distribution Company between 2014 and October 2017, adding that their appointments were terminated by letters in October 2017, thereby constituting a breach of the contractual terms and conditions governing their employment.
They averred that following their disengagement, the company failed to pay their full entitlements, including salary in lieu of notice, outstanding 30 per cent salary for September 2017, salaries for 13 days worked in October 2017 and housing allowances.
In its defence, the electricity distribution company admitted the employment relationship and termination but maintained that it had paid all entitlements due to the disengaged staff, including salary in lieu of notice and other benefits, subject to statutory deductions.
It further asserted that the staff failed to complete the required clearance process but were nevertheless paid. It also denied liability for pension and gratuity on the ground that the claimants did not meet the required years of service.
It further argued that the workers failed to particularise and strictly prove the sum of N16.5 million claimed, which constitutes special damages, and that the burden of proof rests squarely on them as required by law.
In opposition, counsel to the disengaged workers contended that the Jos Electricity Distribution Company’s claim that all disengaged staff had been paid was incorrect, and that the bank statements tendered showed that his clients were not paid their full entitlements.
Delivering judgment, Justice Galadima held that the burden of proof lies on the workers to establish their entitlement on the balance of probabilities as required under the law.
The judge further held that entitlement alone is insufficient without proof of non-payment. He also found that the claim for N16.5 million was not properly pleaded or strictly proved, as they failed to clearly demonstrate how the sum was computed or reconcile it with payments already received.
The judge observed that the bank statements of the workers showed multiple payments made by Jos Electricity Distribution that were not explained or accounted for in their evidence.
On pension remittance, the judge held that the workers failed to establish their claims for pension remittances, as no evidence was led to show deductions or non-remittance to any pension administrator.
Consequently, the judge found that the claimants failed to prove their case on the balance of probabilities and dismissed the suit in its entirety for lack of merit.
