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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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[JUST IN] Industrial Court orders firm to pay 3 former staff 4 Months Salary, awards damages


1943 Friday 6th March 2020


LOKOJA---His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court sitting in Lokoja has ordered Trade-Boost Limited to pay her former staff, Isa Ahmed, Adamu Safiya and Mohammed Maryam 4 months unpaid salaries in the sum of Four Hundred Thousand Naira, and Six Hundred Thousand Naira damages for breach of contract and 100,000 costs of action within 30 days.


Justice Kado held that the evidence before the court clearly established that the firm breached the duty to pay for services rendered by the claimants and the refusal of the defendant to pay the salaries has caused the claimants untold hardship.


From fact, the claimants testified that they were appointed on the 27th day of April 2018 to resume work on 3/5/2018, as Managers of the firm branch office after attending five days training programme. 


That at the seminar, they were informed that they would be training allowance in due course and that since their appointment they have been going to work and performing their functions and obligations diligently to the firm with no payment of salaries for May, June, July and August 2018.  


However, despite proof of service the firm decided not to file any defence or even enter appearance.


Counsel to the claimants submitted that the defendant has failed to file or establish defence, that the claimants are entitled to all their claims urged the court to enter judgment in their favour.


Delivering Judgment, the Presiding Judge, Justice Kado held that the mere fact that the defendant has not filed defence does not in any way means the success of the claimants that the law still requires the claimants to prove their claim based on the principle of minimal proof.


“The defendant in the letter of the claimants demanded payment of their outstanding unpaid salaries clearly and unambiguously admitted employment of the claimants. The defendant has also admitted not paying the claimants their salaries as per their letter of demand.


“From the above evidence oral and documentary, there is no doubt that the claimants have established their claim against the defendant. Therefore, the claimants are entitled to a declaration that they are entitled to a cumulative sum of N400,000.00 (Four Hundred Thousand Naira) arrears of four Months unpaid salaries. 


“In the absence of proof of monetary entitlement to the training allowance, this court cannot speculate to give monetary value for this claim. In the circumstance the claimant have not proved their relief b, same is hereby refused due to lack of evidence.” Justice Kado Ruled.