By Desire Emmanuel
The National Industrial Court has ordered a petroleum company to pay its former employee his benefits as well as other entitlements, saying the company was unfair in dealing with him.
Justice Rabiu Gwandu of the Lagos Division of the court ordered Acorn Petroleum to pay the man, Mr Gideon Orisanwo, the outstanding salaries for March, April, May and June 2016 and 13th-month salary at the rate of N604,000.00; the sum of N1,527,778 being transportation allowance for March 2013 to January 2014; 13th month salaries for 2015 and 2016 at the rates of N785,000 for 2015 and N392,000 for 2016, and the sum of N700,000 as general damages.
Justice Gwandu further ordered Acorn Petroleum to pay Mr Orisanwo’s Pension Fund Manager the sum of N3,365,174 following its failure to show the court that pensions were deducted and remitted accordingly.
According to available court documents, Mr Orisanwo submitted that following the conversion of the termination of his employment to resignation, the total indebtedness of Acorn Petroleum to him as at June 29, 2016 stood at N8,058,506 being unpaid salaries, allowances and other entitlements as stated in his contract of employment and N3,365,174 being 32 months pension deductions not remitted to his PFA.
In its defence however, Acorn Petroleum stated that it was indebted to the former employee the sum of N1,812,000 representing salaries for March, April and May 2016 at the rate of N604,000 per month, that in line with the contract of employment and workers handbook, the man was supposed to give one month notice before resignation or forfeit one month salary in lieu of notice.
Acorn Petroleum also averred that pursuant to the acceptance of the letter of resignation, Mr Orisanwo automatically forfeited the salary for June, 2016.
Responding, counsel to Mr Orisanwo averred that his client had found it difficult to get another job not because he was not competent, but because the oil industry is a place where words fly around very quickly in respect of employee status. He therefore urged the court to grant the reliefs sought.
Delivering judgment, Justice Gwandu held that the onus is on Orisanwo to prove how much he was entitled to per month even on the admission of the petroleum company that it owed him for March, April and May 2016.
The judge held that Acorn Petroleum must pay Mr Orisanwo the outstanding salaries for March, April, May and June 2016 and the 13th-month salary.
He further granted Mr Orisanwo relief in the sum of N1,527,778 being transportation allowance for March 2013 to January 2014, but refused to grant fuel allowance for July 2015 to February 2016 for lack of merit.
On Mr Orisanwo’s claim of 13th-month salaries for 2015 and 2016 at the rates of N785,000 for 2015 and N392,000 for 2016, the judge said Acorn Petroleum did not specifically deny this relief; they also did not lead any evidence to the fact that the same was paid. In the absence of such evidence, the judge granted these reliefs accordingly.
In respect of the relief for salary in lieu, the court held that the letter of termination issued to Orisanwo was retracted when he submitted a letter of resignation, that the letter of resignation therefore took precedence and by the terms of the contract, either party may give one months notice.
“Despite the refusal to award interest on the money above, I hereby make an order to the effect that should the defendant fail to pay the above-ordered sums within one month of this judgment, the judgment sums will attract an interest of 10 per cent per annum until fully liquidated,” the judge ruled.
