Court Orders Total To Pay Ex-employees N50m Damages

Justice Elizabeth Oji of the National Industrial Court sitting in Lagos on Tuesday ordered Total E & P Nigeria (Formerly Elf Petroleum Nigeria Limited) to pay some of its former employees the sum of N50 million as aggravated damages for inflicting psychological and mental torture on them.

Justice Orji, who gave the order while delivering judgment in a suit filed by the disengaged security employees, described as callous and insensitive the refusal of Total to issue the claimants employment letters for about 15 years they worked in the company contrary to the Labour Act.

The judge gave Total E & P Nigeria 30 days to comply with the order but held that if they fail the judgment sum will attract the interest of 20 per cent.

The claimants, Odah Ezekiel Ogah, Adefemi Eyitayo Moses, Ogwuche Abraham, and Charles Okwori (For themselves and on behalf of the disengaged Security Employees of Total E & P Nigeria Limited) had in suit number NICN/LA/663/2016 accused the Oil company of unfair labour practice.

Joined as defendants alongside Total E& P Nigeria Limited are Transworld Security System Limited, Bemil Nigeria Limited, Halogen Security Nigeria Limited, Lack Guards Security Limited, and Kings Guards Security Limited.

The claimants, through their lawyer, Ali F. Adah, had prayed the court for a declaration that the unilateral transfer of the Claimants’ employment to five different companies ( 2nd to 6th defendants) at other times by the 1st defendant within about 15 years without their consent and the endorsement/approval of such transfer by any authorised labour officer is illegal, unlawful and unfair labour practice and therefore a breach of section 10 of the Labour Act of Nigeria and international best practices with impunity.

They also prayed for “a declaration that the refusal and neglect by the 1st defendant to issue letters of employment to the claimants despite repeated demands for same by the claimants without success is illegal, unlawful, unfair labour practice, a breach of international best practices and therefore, a violation of section 7 of the Labour Act and liable under section 21 of the same Act.

However, the 1st defendant, in its defence, alleged that it was not the employer of the claimants but the 2nd to 6th defendants.

In her judgement, Justice Orji held that the continuous refusal by the 1st defendant to pay the claimants their terminal benefits after summarily downsizing them since 2014 and 2015 from its employment after many years of meritorious service was illegal, unfair labour practices and international best practices and therefore unconstitutional, null and void.