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| Industrial Court, Jos Division |
By Joseph A. Adudu
May 17, 2019
The Jos division of the
National Industrial Court has on Friday adjourned until 4th July,
2019 for definite report of settlement or hearing in the case between Jos Electricity
Distribution Company (JED) Limited and 45 disengaged staff of the company over
alleged non-payment of entitlements amounting to N16.5 million and N100m
damages for their disengagement by the company.
When the case file was
called, counsel to the claimants Izang Aware told the court that the matter was
for the report of settlement or hearing. The counsel to the respondents Prof Shaka Shaka told the court that he has
written a letter to his clients advising them to make payment for the claims
but not to pay for general damages. Counsel further requested for adjournment
to allow the initial negotiation come to fruition. Counsel to the claimants
however told the Court that if he was privy to the letter of the counsel to the
respondents before now, he would have also advised his clients appropriately
and dispelled the notion they were nursing to the effect that the respondents
were not interested in settlements a development that has also weakened their
interest in it. Counsel however told the court that the payment of claims can
go through, thereafter, they can decide on next line of action. Justice Kenneth
Amadi fixed the date for definite report of settlement or hearing.
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| Prof Shaka Counsel to the respondents speaking to African Drum after court session |
Speaking to African Drum after court session on why
he advised his clients to make payment only for claims by the claimants and not
for general damages, Prof Shaka Shaka said because in employment matter which
is called matters of relationship, general damages is not recognized. “when a
litigant comes to court to claim what is entitled to him, of course what is
entitled to him as damages is what he would have lawfully gotten if he were
properly terminated. Now, since these people have been lawfully terminated,
they are only entitled to their claims. They are not entitled to damages. They
are only entitled to what would have accrued them ordinarily which is the
severance packages and some of who have collected their severance packages
already. They are not entitled to general damages because they have not
suffered any injury. The injury they have suffered has been compensated to them
by one month in lieu of notice” said Prof Shaka.
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| Izang Aware, counsel to the Claimants |
Also speaking, Izang
Aware counsel to the claimants said the court has granted counsel to the
respondents another opportunity to go and re-negotiate with his clients. That
is why the court insisted that he should get the CTC of today’s proceedings and
give it out to his clients so that his clients can see the position of the
court. We didn’t want to push too hard, that is why we are reluctant because we
are also in the spirit of settlement so that parties can continue to be friends”.
Said Aware.
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