The Presiding Judge, Lagos Judicial Division of the National Industrial Court, Hon. Justice Maureen Esowe has directed Literamed Publications Ltd to pay to Mr Osobu Olaniyi the sum of N4,021,096.46 as the balance of the outstanding salaries, salary in lieu of notice and outstanding leave allowance for the year 2019, and to remit the sum of N3.4m unremitted pension to his pension fund manager.
The Court also ordered Literamed Publications to pay Mr Osobu Olaniyi the sum of N200,000.00 (Two Hundred Thousand Naira) as the cost of action and 10% interest on the judgment sum until final liquidation of the total sum.Â
From facts, the Claimant- Mr Osobu Olaniyi had submitted that he requested a month’s salary out of the outstanding salaries owed him by Literamed Publications Ltd, but he received warning letters and a letter notifying him of a 50% downward review to his emoluments, entitlement, a position he protested.Â
He averred that month later, the Literamed Publications terminated his employment without paying the outstanding salaries owed him and no evidence of remittal of his pension contribution.
In defense, the defendant- Literamed Publications Ltd maintained that Mr Olaniyi has enlarged his claim to include items he is not entitled to, and averred that Mr Olaniyi failed in his duty as the Chief Accountant of the firm to remit his pension and that of the other employees to the appropriate quarters, and he cannot cry foul as he is not permitted to benefit from his own wrong.
In opposition, Mr Olaniyi argued that his balances for outstanding salary, salary in lieu of notice, unpaid annual leave allowances and unused annual leave allowances and his unremitted pension remain uncontradicted and urged the Court to grant the reliefs sought.
Delivering judgement after careful evaluation of the submissions of both parties, the presiding Judge, Justice Maureen Esowe held that the facts admitted need no further proof and entered judgment in favour of Mr Olaniyi for the admitted sum by the Publications firm.
The Court ruled that Mr Olaniyi has adduced evidence and is entitled to the payment of his balances, for outstanding salaries, salary in lieu of notice, outstanding leave allowance, and his pension to his pension fund managers by the Publications firm.Â
Justice Esowe described Literamed Publications’s disposition to Mr Olaniyi’s claims as commendable for not resorting to a tactic of hide and seek but admitted to where it was wrong and placed before the Court information that it is undergoing difficulties in its operations due to financial constraints, and it would appear injudicious in the face of the Defendant’s financial state to award damages.
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