The National Industrial Court sitting in Ibadan has awarded ₦5 million in damages against Shongal Technologies Limited and its Operations Manager, Mr. Nasarvali Dudekeh, for harassing and unlawfully terminating an employee.
Mr. Omene Robinson, a former employee of the company, filed the suit through his counsel, Mr. Femi Aborisade, alleging that Dudekeh slapped him while on duty on 8 September 2019 – an incident that led to his hospitalisation at the company’s medical facility.
Robinson further told the court that he was subsequently dismissed via a termination letter dated September 2019, although he only received it in June 2020. His salary was stopped in September 2019.
He asked the court to declare the harassment unlawful, order the payment of his withheld salary from September 2019 to June 2020, reimburse ₦52,000 spent on medical treatment, and award ₦6 million in general damages.
Delivering judgement on Wednesday, Justice John Peters ruled that the Constitution, Labour Law, and the company’s own handbook prohibit workplace violence, harassment, and intimidation.
“The slapping of the claimant by the operations manager, acting on behalf of the company, was a clear breach of constitutional provisions and a violation of human dignity,” the judge said.
Justice Peters declared the act unlawful and an unfair labour practice, adding that both the manager and the company were liable since Dudekeh was not acting in a personal capacity but as a company representative.
He ruled that Robinson remained a bona fide employee until June 2020 and was entitled to unpaid remuneration for that period.
“I order the defendants to pay ₦812,614 in unpaid salary from September 2019 to June 2020. I also award ₦52,000 as special damages for medical expenses. Both defendants are jointly liable to pay ₦5 million as general damages and ₦200,000 as legal costs,” the judge held.
The judge also dismissed the counterclaim filed by the company’s counsel, Mr. J. Oguniyi. The first respondent, Mr Dudekeh, was not represented in court.
Speaking after the judgement, the claimant’s counsel, Mr. Aborisade, praised the court for upholding the law and reinforcing citizens’ trust in the judiciary. Mr. Oguniyi, counsel to Shongal Technologies, also commended the judge’s decision.
