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The Administrative Judge, Portharcourt Judicial Division of the National Industrial Court, Hon. Justice Faustina Kola-Olalere has ordered Alcon Nig. Limited to pay foreigner Mr Keeney the sum of USD 42,115.79 (Forty Two Thousand, One Hundred and Fifteen USD Seventy Nine Cents) unpaid salaries before his disengagement, N1,400,000.00 unpaid allowances and the sum of N3,261,744.00 Retirement Expenses within 30 days.
The Court held that following the failure of Alcon Nig. Limited to prove that Mr Keeney absconded from the company, Alcon Nig. Limited is duty bound to pay Mr Keeney his salaries as claimed.
From facts, the claimant- Mr Keeney had submitted that following his Resignation from office, his outstanding payments in the sum of USD 42,115.79 as his total salary arrears, N1,818,805.00 as his unpaid allowances, and N3,261,744.00 as his flight tickets’ expenses were not paid.
In defence, the defendant- Alcon Nig. Limited posited that Mr Keeney absconded from work and had long stopped working with the firm before he tendered his resignation; therefore, Mr Keeney is not entitled to any salary or allowance.
In addition, the Defendant also averred that Mr Keeney failed to fulfil and follow the Company's exit procedure, and that Mr Keeney did not return the Company’s assets in his possession nor get cleared as required by the terms of his contract of employment, and also failed to particularize his monetary claims before the Court.
In opposition, Mr Keeney counsel, argued that his client never absconded from work and was never absent from his duties without approval from the Company's Management, and that his client's Contract of employment says nothing about exit procedure, and urged the Court to discountenance the defence of the Defendant.
Delivering judgment, the presiding Judge, Justice Faustina Kola-Olalere held that Mr Keeney has succeeded in proving to the satisfaction of the Court that from September 2021 to April 2022 when he resigned from his employment, the Alcon Nig. Limited did not pay any salary to him.
The Court reasoned that the Alcon Nig. Limited could not substantiate its allegation that Mr Keeney absconded from the company because the Defendant is even not sure of when Mr Keeney absconded and for how long he did.
“Having proved to the satisfaction of the Court that the Defendant owed him his salaries from September 2021 to April 2022, I hereby hold that the Claimant is entitled to claim from the Defendant.” The Court ruled.
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