By Desire Emmanuel
The National Industrial Court has declared as unlawful the termination of employment of 28 workers of Julius Berger Nigeria Plc by the company for embarking on strike.
Justice Faustina Kola-Olalere of the Port Harcourt Division of the court gave the ruling on Monday, June 15, saying the termination was wrongful while also ordering Julius Berger to pay the sum of N110,389 each to the claimants whose monthly payslips are before the court as severance benefits, being 7.5 per cent of their monthly wages.
According to court documents, the 28 employees instituted the action against Julius Berger, contending that after presenting their demands to the company and embarking on a strike following the failure of the management to meet their demands, their employment was terminated without notice and without payment of salaries in lieu of notice.
The employees consequently sought declarations that the termination was wrongful and claimed payment of salaries in lieu of notice, hydrocarbon swamp allowance, terminal benefits, cost of litigation and interest.
In its defence however, Julius Berger contended that the employment relationship was governed by the Internal Conditions of Service executed between the company and the National Union for Civil Engineering, Construction, Furniture and Wood Workers and that there was no agreement to pay hydrocarbon swamp allowance to the former staff.
The company further maintained that the 28 employees participated in a strike action without the approval of their union and that under the applicable conditions of service, such conduct attracted dismissal without notice or terminal benefits.
It also argued that the sacked workers failed to establish any enforceable agreement entitling them to a hydrocarbon swamp allowance and urged the court to dismiss the suit in its entirety.
Opposing the argument, counsel to the sacked workers stated that Julius Berger failed to comply with the disciplinary procedure contained in the Internal Conditions of Service before determining his clients’ employment and submitted that the termination was unlawful as well as oppressive and urged the court to grant the reliefs sought.
Delivering judgment, Justice Kola-Olalere held that the employment relationship between the sacked workers and Julius Berger was a private one governed by the letters of employment and the Internal Conditions of Service agreed by the parties.
The judge also held that the letters issued by Julius Berger expressly showed that the employment of the workers was terminated and not dismissed, and that no reason was stated in the letters for the termination of their employment.
She added that Julius Berger wrongfully backdated the effective date of their termination and also failed to state any reason for the termination, which was contrary to international labour standards and best practices.
Justice Kola-Olalere said the sacked workers were entitled to payment in lieu of notice and severance benefits under the applicable Conditions of Service, but they failed to establish their claim for hydrocarbon swamp allowance due to lack of credible evidence of any agreement between the parties.
The judge therefore dismissed the sacked workers claim for N60.8 million as accrued hydrocarbon swamp allowance and the claim for N5 million as cost of litigation for lack of proof, awarded general costs of N800,000 in their favour and directed Julius Berger to pay within 30 days, failing which the sum shall attract interest at the rate of 10 per cent per annum until fully liquidated.
