Admin l Tuesday, February 7, 2017
IKOYI, Lagos, Nigeria – The National Industrial Court of Nigeria (NICN), on Monday, foreclosed the case of Newswatch Times Limited (formerly known as Newswatch Newspapers Limited)
The court, presided over by Justice O.A Obaseki-Osaghae arrived at the decision after it became clear that the media outfit, again failed to appear before the court to cross examine a witness and former staff of the outfit, Iwuchukwu Francis as earlier directed by the court.
In foreclosing the case of Newswatch Times Limited (formerly known as Newswatch Newspapers Limited), the judge expressed satisfaction that the media outfit was not ready to put up a defence against the action instituted by the former staff of the media organisation against it.
Justice Obaseki-Osaghae further confirmed that despite the service of court process on the defendant, it has continued to stay away from the court to profer answers to the allegation made against it.
The court consequently issued an order that the claimant counsel should proceed to file final written addresses on the matter.
The judge directed that same should be filed pursuant to Order 38, Rule 2 (4) and Order 38, Rule 3 (2) of the National Industrial Court of Nigeria Civil Procedure Rules 2016.
The judge adjourned until May 30, 2017 for adoption of final written addresses.
Prior to this time, and when the case was called on Monday, counsel to the claimant, G.M Udonya (Miss), had while calling the attention of the court to the fact that the business of the day was for the defendant to cross examine the witness, called for the foreclosure of the case of the defendant in view of the fact that the media outfit has not deemed it fit to send in a representation and also engage the services of a lawyer for the purposes of putting up a defence in the matter.
It would be recalled that Francis had dragged Newswatch to court over the failure of the media outfit, owned by Jimoh Ibrahim, to pay his seven (7) months’ salaries.
In his statement of fact before the court, Francis claimed that he was employed through a letter of appointment dated October 1, 2012, by the defendant.
The claimant added that: “The defendant trickily did not issue letter of confirmation of appointment to the claimant after being qualified for same despite constant demands for it. All he was told at the registry of the defendant is you have been employed, carry on with your work.
“That upon noticing the lackadaisical attitude of the management of the defendant particularly none payment of outstanding salaries and other issues connected thereto, the claimant, in line with employment law tendered its letter of resignation dated 28/05/2015.
“That despite the constant visit and demand for the outstanding salaries of the claimant from the defendant, the latter refused and/or neglected to pay same which prompted the claimant counsel, Yemi Omodele (Esq) to write a letter dated 17/08/2015 to the defendant demanding for the payment of all outstanding salaries of the claimant.
“That the defendant claimed that it deducted some money and remit it to Lead way Pensure Limited, which it did not do. The claimant visited the office of the Leadway Pensure Limited wherein retirement savings account statement was printed and given to him showing that the defendant did not pay a kobo to the said company.
“That the defendant’s action is fraudulent and intention to dupe the claimant herein.
“That the claimant suffered a lot of loss due to none payment of his outstanding salaries by the defendant.”
The former Newswatch staff is consequently asking the National Industrial Court of Nigeria, to issue, "A declaration that the claimant is entitled to be paid salaries for the months of October, November, December 2014; January, February, March and April 2015 by the defendant.
“A declaration that the none payment of the October, November, December 2014; January, February, March and April 2015 salaries by the defendant to the claimant amounts to breach of trust and intention to dupe the claimant.
“An order of this honourable court directing the defendant, its servants, agents and/or privies to pay forthwith the sum of N700, 000.00 (Seven Hundred Thousand Naira) only to the claimant being salaries for the months of October, November, December 2014; January, February, March and April, 2015 owed the defendant.
“An order of this honourable court directing the defendant, its servants, agents and/or privies to pay 21 percent interest on the sum of N700, 000.00 (Seven Hundred Thousand Naira) only to the claimant from May 1, 2015, till judgment is delivered and executed.”
