PenCom Workers Appeal Judgment Against Unpaid Salaries, Unlawful Labour Practice
The aggrieved staff of the National Pension Commission, (PenCOM), numbering 20 have appealed against the judgment of the National industrial court, (NIC ) over unpaid salaries and unlawful labour practice.
The aggrieved staff instituted the action through human rights activist and Senior Advocate of Nigeria SAN, Femi Falana, to seek justice at the Industrial Court. They challenged the commission and its chairman before the court on the grounds of unlawful restraint from performing their statutory functions after engagement and refusal to be paid salaries and other entitlements.
The claimants, who were said to have been employed since March 2017, resumed duties at the commission but were later staved off from performing their statutory duty after the resumption.
In their originating summons, they are seeking the Court order directing the Commission to pay them forthwith their salaries, arrears, and allowances from the date of their employment till when the judgment of the Court is complied with by the Commission and the same is to be calculated using the Commission’s Salary Structure for its employees.
The claimants also sought a declaration that” having regard to the provisions of Section 28 and 29 of the Pension Reform Act 2014, Regulations 040102 and 130105 of the Public Service Rules, the failure of the Commission to pay them their salaries, arrears, allowances and promotion from the date of their employment till date is an unfair labour practice, discriminatory, ultra vires and in violation of the provisions of the PENCOM Act and the Public Service Rules.
They also seek a mandatory order “directing the Commission to pay them forthwith their salaries, arrears, allowances from the date of their employment till when the judgment of the Court is complied with by the Commission and the same should be calculated using the Commission’s Salary Structure for its employees.
Also sought was an order of Injunction directing the Commission to immediately promote them to their rightful position in the Commission based on their employment with the Commission.
“Another order restraining the Commission from further harassing, intimidating, threatening the employment of the Claimants or restraining the Claimants from performing their statutory function in the Commission as Staff of the Commission.”
However, in the judgement delivered on the suit marked, NICN/ABJ/188/2022, Justice O.A Obaseki-Osaghae dismissed the suit for lacking in merit. Justice Obaseki-Osaghae in the June 13th, 2023 judgment refused the prayers of the applicants.
Dissatisfied with the judgment the aggrieved worker appealed against the judgment on four grounds, arguing that, “The Learned Trial Judge erred in law when he held thus, “There is no evidence that any one of the Claimants met the conditions listed as a,b,c, in the offer letter and submitted same to the defendants for documentation purposes before the postponement/suspension; or attempted to submit same during the period of waiting for a resumption date.”
Their lawyer also stated that “The Learned Trial Judge erred in law when he found and held thus, “The Claimants are not employees of the 1st defendant and they cannot be regarded as public servants or public officers in the public service for the purpose of sections 28 and 29 of the Pension Reform Act 2014”,
Other grounds of appeal include, “The Learned trial Judge erred in law when he failed to apply the principles of doing substantial justice and held that, “The letter speaks for itself. It is an offer of a probational appointment that is made subject to the conditions (underline mine) stated in the letter. The offer is contingent on the happening on the events so stated.
The Claimants assert that they accepted the terms and conditions of the offer. It is settled law that where a contract is made subject to the fulfilment of specific terms and conditions, the contract is not formed and binding unless and until those terms and conditions are fulfilled, see IYALAMU SAVINGS & LOANS V. SUBERU (2018) 13 NWLR (PT. 1637) 387 AT 404 PARA D: BPS CONSTRUCTION & ENGINEERING CO LTD V. FCDA (2017) LPELR-4251 (SC) AT 40-41 PARA F-B; TSOKWA OLIL MARKETING CO V. B.O.N. LTD (2002) 11 NWLR (PT 777) 163; In other words, while there are still certain conditions to be fulfilled, the employment is inchoate, BEST (NIGERIA) LTD V. BLACKWOOD HODGE (NIG) LTD (2011) 5 NWLR (PT. 1239) 95”.
In the appeal marked, CA/ABJ/PRE/ROA/CV/82/2023, counsel to appellants, Samuel Ogala from Falana Falana chamber Is therefore praying to the court for setting aside the judgment of the lower court and grants the prayers of the appellants.
Meanwhile, a date has not been fixed for the commencement of the hearing.
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