The Presiding Judge, Jos Judicial Division of the National Industrial Court, Hon. Justice Ibrahim Galadima, has dismissed the claims for employment entitlements brought by disengaged staff of Mr Aaron and 44 Others against Jos Electricity Distribution for lack of merit.
The Court held that Mr Aaron and 44 others failed to prove, with credible and precise evidence, their entitlement to the sum of N16.5m and other reliefs sought, particularly as the claims were like special damages requiring strict proof.
From the facts, the claimants- Aaron and 44 others had submitted that they were employed by Jos Electricity Distribution between 2014 and October 2017, when their appointments were terminated by letters in October 2017, thereby constituting a breach of the contractual terms and conditions governing their employment.
Mr Aaron and others averred that following their disengagement, Jos Electricity Distribution failed to pay their full entitlements, including salary in lieu of notice, outstanding 30% salary for September 2017, salaries for 13 days worked in October 2017, and house rent allowances.
In defence, Jos Electricity Distribution admitted the employment relationship and termination but maintained that it had paid all entitlements due to Mr Aaron and 44 others, including salary in lieu of notice and other benefits, subject to statutory deductions.
The distribution Company further asserted that Mr Aaron and others failed to complete the required clearance process but were nevertheless paid, and denied liability for pension and gratuity on the ground that the claimants did not meet the required years of service.
Learned counsel for Jos Electricity Distribution, Prof. A.S. Shaakaa argued that Mr Aaron and others failed to particularise and strictly prove the sum of N16.5m claimed, which constitutes special damages, and that the burden of proof rests squarely on them as required by law.
Learned Counsel further submitted that documentary evidence, including payment schedules and pay slips tendered by the Jos Electricity Distribution, showed that payments had been made to Mr Aaron and others, thereby negating their claims of non-payment.
In opposition, counsel to Mr Aaron and others contended that the Jos Electricity Distribution’s representation that all disengaged staff had been paid was incorrect, and that the bank statements tendered in evidence showed that his clients were not paid their full entitlements, relying on the absence of certain expected credits to support their position.
In a well-considered judgment, the presiding Judge, Hon. Justice Ibrahim Galadima, held that the burden of proof lies on Mr Aaron and others to establish their entitlement on the balance of probabilities as required under the law.
The Court further held that entitlement alone is insufficient without proof of non-payment. Justice Galadima found that the claim for N16.5m was not properly pleaded or strictly proved, as Mr Aaron and others failed to clearly demonstrate how the sum was computed or reconcile it with payments already received.
The Court observed that Mr Aaron and others’ bank statements showed multiple payments made by Jos Electricity Distribution that were not explained or accounted for in their evidence.
On pension remittance, the Court held that Mr Aaron and others failed to establish their claims for pension remittances, as no evidence was led to show deductions or non-remittance to any pension administrator.
Consequently, the Court found that the claimants failed to prove their case on the balance of probabilities and dismissed the suit in its entirety for lack of merit.
