[Judgment] Court docket order agency to pay ex-staff N122,810 Unremitted Pension, awards damages
Portharcourt– His Lordship, Hon. Justice Polycarp Hamman of the Nationwide Industrial Court docket, Portharcourt Judicial Division has ordered Emval Holdings to pay its former employees Mr. Prosper Nlerum the sum of N122,810 unremitted pension; N157, 615 being cash unlawfully deducted from his wage with the sum of N100,000.00 basic damages inside 30 days.
Nonetheless, the Justice Polycarp declined Prosper declare for the sum of N2,700,000.00 severance advantages for need of proof, held that the alleged firm coverage in regards to the calculation of terminal advantages was not tendered earlier than the Court docket.
From truth, the claimant’s- Prosper Nlerum had submitted that from January 2011 to eleventh October 2012 he was underpaid to the tune of N157, 615.71 from his fundamental wage with none discover or clarification. That from April 2007 to October 2012 when he resigned, the agency constantly deducted the N2,700.00 month-to-month as pension financial savings amounting to the sum of N181,476.02 which was by no means paid to any pension administrator.
He opined additional that when his solicitors wrote a requirement letter to the defendant, he was paid the sum of N589,000.00 somewhat than N2,700,000.00 being his annual fundamental wage multiplied by the variety of years he labored for.
In defence, the agency averred and denied the existence or applicability of a coverage that offers the Prosper entitlement to N2,700,000 multiplied by the variety of years served or any quantity in any way that the statutory pension deductions from his wage had been remitted to his chosen Pension Administrator as required by legislation, and submitted that the moment go well with is frivolous, urged the Court docket to dismiss it with a considerable punitive price.
In opposition, the realized counsel to the claimant’s F. O. Enajedu Esq. argued that from Prosper’s Retirement Financial savings Account Assertion solely the sum of N58,665.6 was remitted urged the Court docket to grant all of the reliefs sought.
Delivering Judgment, the presiding Choose, Justice Polycarp Hamman held that no doc was tendered earlier than the Court docket by the agency to justify the discount within the claimant’s wage.
“In any case, what the defendant is counting on because the proof of the total fee of the claimant’s pension remittances is the Letter of affirmation for pension remittance which has been expunged from the court docket’s data.
“Having examined the Pensions Retirement Financial savings Account Assertion, it’s apparent that out of the whole pension deductions from the Claimant’s wage solely the sum of N58,665.16 was remitted to the Claimant’s account along with his PFA Pensions Alliance Ltd (PAL). The Defendant has not supplied any proof documentary or in any other case to torpedo this proof which has remained unchallenged.
“Within the absence of any doc earlier than the court docket displaying the alleged coverage of the agency with respect to the calculation of terminal advantages, I don’t see how this court docket can accede to the claimant’s declare on this regard.”
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