Court orders Alcon Nigeria to pay ex-workers over N39m

Justice Muhammad Hamza of the Port Harcourt Judicial Division of the National Industrial Court has ordered Alcon Nigeria Limited to pay its former employee N39,707,607 for breach of contract.

In a statement on Monday, the court declared that Alcon Nigeria Limited’s non-payment of Mr. A. Ikenna’s salary from October 2021 to January 2022 constituted a breach of the employment contract.

The court further ordered Alcon Nigeria Limited to pay Mr. Ikenna N16,781,500 as pension contributions for the period from January 2017 to January 2022, N5,762,267.4 as salary for October 2021 to January 13, 2022 (less one month’s payment in lieu of notice), N11,289,600 as End of Service/Gratuity, and N5,874,240 as leave allowance for the 2019/2020 and 2020/2021 periods, plus a 50kg bag of rice, among other payments.

Facts of the case 

The claimant stated before the court that he was forced to resign from Alcon Nigeria Limited due to the company’s failure to pay his outstanding benefits.

The claimant’s legal team argued that their client’s obligation to comply with Alcon Nigeria Limited’s exit protocols only arises when the company has fully settled all outstanding salaries, allowances, and pension contributions owed to Mr. Ikenna prior to his resignation.

The claimant contended that, since Alcon Nigeria Limited admitted to breaching the employment contract, it could not claim that he had failed to adhere to exit protocols following his resignation.

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The claimant urged the court to grant relief for the various outstanding payments.

In response, Alcon Nigeria Limited’s legal team argued that Mr. Ikenna’s entitlements were withheld because he had not completed the exit process or returned company property.

The defense added, “Withholding these properties and assets is a clear violation of the collective agreement signed between the parties,” claiming that the claimant’s “self-help” actions in withholding Alcon Nigeria Limited’s assets hindered the company’s ability to settle his entitlements as stipulated in the collective agreement.

What the court said 

In delivering judgment, Justice Muhammad Hamza held that, based on the evidence presented, the claimant was entitled to salary payments from October 2021 to January 13, 2022, minus one month’s pay in lieu of notice as specified in the company’s collective agreement.

The court further ruled that “Mr. Ikenna has proven his entitlements for unremitted pension contributions and End of Service/Gratuity from Alcon Nigeria Limited to the satisfaction of the court. The assertion that Mr. Ikenna had been employed by Alcon Nigeria Limited since 2004 requires no further proof.” 

• On the matter of damages, Justice Hamza held that although Alcon Nigeria Limited breached the employment contract by not paying the claimant’s monthly salary, Mr. Ikenna was not entitled to general or exemplary damages as he had retained company property after his resignation.
• Justice Hamza subsequently ordered the firm to pay the claimant his dues while Mr. Ikenna was ordered to return all Alcon Nigeria Limited property in his possession, including a Lexus vehicle and a laptop, in good condition within seven days.
• The National Industrial Court of Nigeria, established in 1976, presides over cases related to labor disputes, civil matters, child trafficking, employment issues, entitlements, allowances, and workplace sexual harassment.

Court orders Alcon Nigeria to pay ex-workers over N39m

Two brothers remanded in Kaduna for alleged armed robbery, killing

A Kaduna High Court on Tuesday ordered that two brothers be remanded in a correctional centre for alleged culpable homicide and armed robbery.

The police charged Hamza Jibrin, 27 and Yusuf Jibrin 24, with conspiracy, armed robbery and culpable homicide.

Justice Aisha Shagari ordered the remand of the defendants, after they pleaded not guilty to the charge preferred against them.

Shagari adjourned the matter until Dec. 12 for hearing.

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Earlier, the Prosecutor, James Edward, said that the defendants and two others at large, while armed with matchete and other dangerous weapons along Airport Road, Kaduna, on Nov. 7, robbed and caused the death of a 26-year-old man, Rabiu Sani.

He said the defendants stole the deceased’s HP laptop, two cell phones, his wallet which contained two ATM cards and cash sum of N30,000.

Two brothers remanded in Kaduna for alleged armed robbery, killing

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Residents of Jos, the Plateau State capital, who were at the Terminus area of the city early this morning scampered for safety as rumours of a bomb planted in the neighbourhood filtered to town.