Emmanuel Thomas
Lagos, Nigeria, February 25, 2016 – The National Industrial Court of Nigeria (NICN) sitting in Lagos today ordered Lagos University Teaching Hospital(LUTH) Management Board to pay 26 sacked workers pending salaries, terminal benefits and entitlements.
The board had verbally terminated the employment of the plaintiffs, Mr. I.N Orok and 25 others working in the engineering department in the year 2000, forcing them to file suit No. NICN/LA/50/2014 against LUTH in 2014.
Ruling on the case, His Lordship, Justice O.O. Oyewumi said that the Master/Servant relationships contained in the Claimants contract letter showed that both parties can terminate the contract by giving a month notice, or one month salary in lieu of notice.
Quoting several cases to buttress her argument, the eminent Judge ruled that the Defendant failed to show evidence of effective termination of the Plaintiffs’ employment through written communication on one hand and payment of one month salary in lieu of notice through appropriate pay slips. Based on facts before the court, Her Lordship ruled that employment of the Plaintiffs was wrongfully terminated.
She noted that the brunt of negligence should be borne by the HR department of the Defendant and not the Plaintiffs and that the onus is on the Defendant to show evidence that it properly terminated the employment of the plaintiffs.
Her lordship then ordered the Defendant(LUTH) to pay the October salary of the Plaintiffs which was N11,886.59 Kobo as at September, 2000 and the mandatory one month in lieu of notice and their entitlement which is 2 years salary amounting to N309, 51,34 Kobo within 30 days and a cost of N50,000 to each of the claimants.
Those re-absolved by LUTH were however excluded. The Judge ruled that failure to effect the payment in 30 days will attract 21 percent interest per annum.
