The National Industrial Court of Nigeria (NICN), Port Harcourt Division, has awarded N 7.5 million as general damages against Notore Chemical Industries Ltd. for subjecting its ex-member of staff, Mrs. Sharon Philip, to workplace victimisation and wrongful employment termination.
Justice Nelson Ogbuanya held that the sum comprised N5million damages, N500,000 litigation cost, N1.8m terminal benefit and N220,865.75k unremitted pension entitlement, and are payable within two months from the date of judgment.
The judge described the claimant’s disengagement as wrongful, reckless and inhumane.
The court noted that the claimant was exposed to workplace victimisation by a superior staff that she testified against following a whistle-blowing and anti-corruption hearing that led to the suspension of the superior staff.
“Querying the claimant and subjecting her to a disciplinary hearing on a false allegation of fraud, which turned out that the claimant was innocent, yet her employment was terminated for ‘services no longer required’, without paying her terminal benefits and salary in lieu of notice, amounts to unfair labour practice…
“Also, having shown evidence, in ex.D1, that the claimant’s terminal pension has been remitted in the sum of N 220,865.75, the claimant is entitled to access the said pension in line with the extant Pension Reform Act.
“The defendant is, hereby, directed to facilitate the claimant’s accessing of her said pension by supplying her with necessary documents of her employment record, to facilitate the pension payment by the said IBTC Pension Managers Ltd.,” the judge held in a copy of the judgment seen by The Nation.
The judge, however, dismissed the claimant’s demand for terminal benefits, which extends beyond the termination of the employment in March 2015, and claim of defamation, having not satisfied the pleading requirements bordering on such offence.
The claimant, who worked as a Supervisor in the Admin & General Services Department, Onne Branch of the defendant company, commenced the suit marked NICN/YEN/56/2015 against the defendant on July 23, 2015, challenging the termination of her employment on March 5, 2015, as being part of a witch-hunt, intimidation and victimisation following her testimony against some staff, including her immediate boss, who were investigated and suspended when a whistle-blower hinted of some corrupt practices in the organisation.
But the defendant countered that its management in July 2013, directed the restructuring and merger of positions/roles in various departments (including the Administration and General Services Department) to optimise various staff positions across the firm.
It said that following the said optimisation exercise, the claimant was one of the officers affected in the Administration and General Services Department.
Defendant contended that the claimant was not dismissed by the defendant, rather, her employment with the defendant was terminated via a termination letter dated March 5, 2015, in line with her letter of employment dated January 26, 2009, when her services were no longer required by the defendant.