The National Industrial Court of Nigeria sitting in Port Harcourt, Rivers State, has ruled against Julius Berger Nigeria Plc in a suit challenging the termination of employment of 28 workers engaged on the Bodo-Bonny Road project.
In the judgment delivered by Justice F. I. Kola-Olalere on May 6, 2026, the court held that the construction company wrongfully terminated the employment of the workers and ordered it to pay a total of N2,991,325.23 as compensation, severance entitlements and costs.
The case, marked NICN/PHC/155/2022, was instituted by Mr. Gbordei Joseph Paul and 27 other former employees of the company.
Other claimants in the suit include Mr. Baadom Kpobari Samuel, Okinedo Jacob, Prince Michael Reymond, Segun Tosin Jones, Elijah Moses, Mons Kadubari, Matthew Francis Adigolor, Barinaadaa Godwin Bornu, Kpegara Dewenwin, Moses Owaji-Oniro and Mr. Haliday Godspower.
Also listed as claimants were Mr. Ereba Kpoobari G., Cletus Nwinka Banuna, Zabbey Paul Dinebari, Legbaa Bright Zaazoo, Baboona John Kpoobar, Dumpe Confidence, Mbari Iyefara Joseph, Ojochide Attah, Aleema Tenalo Alex, Biragbara Barinedum, Moses Bor Dornubari, Victor Baatee Bien, Michael Boonna, Tonubari Kobel, Jumbo Finipiri Edward and George Ezema.
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The former workers had approached the court seeking more than N63.2 million in various claims, including salaries in lieu of notice, hydrocarbon swamp allowances, terminal benefits, litigation expenses and interest on the sums claimed.
According to the claimants, they were employed by Julius Berger to work on the Bodo-Bonny Road project, which they described as being located within a hydrocarbon-polluted swamp environment. They argued that the nature of the terrain exposed workers to health and environmental risks and justified the payment of hazard-related allowances.
The workers told the court that after repeated demands for improved welfare packages and hydrocarbon swamp allowances failed to yield results, they embarked on an industrial action. They maintained that the strike was eventually suspended following interventions by community leaders and other stakeholders.
However, they alleged that shortly after the dispute, Julius Berger terminated their employment without giving the required notice or paying salaries in lieu of notice, prompting them to seek legal redress.
In its defence, Julius Berger denied liability and argued that there was no agreement between the company and the workers providing for the payment of hydrocarbon swamp allowances.
The company further contended that the claimants participated in unauthorised industrial actions in violation of its internal conditions of service and therefore had no basis for many of the claims being pursued before the court.
After reviewing the evidence and submissions from both parties, Justice Kola-Olalere held that the claimants were terminated from service and not dismissed.
The court noted that the distinction was significant because employees whose appointments are terminated remain entitled to certain statutory and contractual benefits that may not be available in cases of dismissal.
The judge also faulted the manner in which Julius Berger handled the termination process.
According to the court, the company improperly backdated the termination letters to September 17, 2021, despite issuing the letters on September 30, 2021.
Justice Kola-Olalere held that the practice was inconsistent with established labour law principles, international labour standards and recognised best practices in employment relations.
Consequently, the court awarded N2,080,936.07 as salaries in lieu of notice and N110,389.16 as severance benefits to 25 of the claimants whose pay slips and employment records were tendered and admitted in evidence during the proceedings.
The court also awarded N800,000 as general costs against Julius Berger.
However, the judge declined the workers’ claim for N60.83 million as hydrocarbon swamp allowance, ruling that the claim was not sufficiently established by credible evidence.
Similarly, the request for N5 million as litigation costs was dismissed.
Justice Kola-Olalere subsequently ordered Julius Berger Nigeria Plc to pay the total judgment sum of N2,991,325.23 within 30 days.
The court further directed that failure to comply within the stipulated period would attract interest at the rate of 10 per cent per annum until the judgment debt is fully settled.
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