Hon. Justice (Prof.) Elizabeth Oji of the Lagos Judicial Division of the National Industrial Court has ordered Med-View Airline to pay its former staff Mr Falana $17,000.00 outstanding duty tour allowance; N2,364,962.60 (Two million, Three Hundred Sixty-Four Thousand, Nine Hundred and Sixty-Two Naira, sixty kobo) unremitted pension contributions; 1,399, 853.80 (One Million, three hundred and ninety-nine thousand eight hundred and fifty-three naira eighty kobo) outstanding and unpaid leave allowance; and N2, 909 558.52 (Two Million Nine hundred and nine Thousand, Five Hundred and fifty-eight Naira, Thirty-Eight Kobo) salary arrears within 30 days. From facts, the Claimant- Mr Falana had submitted that he was employed as an Aircraft Engineer on 15th January 2014, where he worked till his service was no longer required by Med-View Airline on 14th May 2018. Mr Falana argued that by virtue of the Internal Memo dated 19th April 2017, the total sum of allowances due to him for the inspection and engineering duty in Ethiopia is the sum of $17,000:00 (Seventeen Thousand Dollars). Mr Falana further averred that against the provisions of the company’s handbook, the Airline refused to pay him annual leave allowances for year 2016, year 2017 and year 2018, and unpaid salaries for February 2018 to May 2018, and leave allowances for the years 2016, 2017 and 2018 amongst others. However, despite service of processes on the Med-View Airline, the Med-View Airline refused to file any defence in the matter. In its final submission, Mr Falana’s counsel, further argues that parties in the above relationship are bound by the terms of contract of employment without any further extrinsic matters outside the contract of employment. Mr. Falana submits that in proof of his claims for unpaid salaries, allowances and bonuses, he has tendered exhibits and urged the Court to grant the reliefs sought. In a well-considered judgment after careful evaluation of the submission of both parties, the Presiding Judge, Justice Elizabeth Oji reiterated that judgment would only be given to Mr Falana on the strength of his case, not on the absence or weakness of the Defence. The Court resolved that Mr Falana’s statement of account shows lack of consistency in the payment of his salary, by the Airline Operator, and the Med-View Airline’s decision not to challenge or contradict this evidence is hereby taken as admission of the facts especially in view of exhibit tendered. Justice Oji ruled that Mr Falana has proved the reliefs sought based on the evidence before the Court. The Court ordered Med-View Airline to pay Mr Falana the sum of N2, 909 558.52 (Two Million Nine hundred and nine Thousand, Five Hundred and fifty-eight Naira, Thirty-Eight Kobo) being his salary arrears from February 2018 to 14th May 2018; and the sum of 1,399, 853.80 (One Million, three hundred and ninety-nine thousand eight hundred and fifty-three naira eighty kobo being outstanding and unpaid leave allowance for years 2016, 2017 and 2018. In addition, Justice Oji ordered the Med-View Airline to pay Mr Falana, the sum of N2,364,962.60 (Two million, Three Hundred Sixty-Four Thousand, Nine Hundred and Sixty-Two Naira, sixty kobo) being the unremitted pension contributions to Mr Falana pension account for the period commencing from February 2015 to 14th May 2018 and the sum of $17,000.00 (Seventeen Thousand Dollars) being outstanding duty tour allowance from 11th March 2017 to 27th March 2017. “Cost of this action is set at N1,000,000.00 (One Million Naira) only. The terms of this judgment are to be complied with, not later than 30 days from today; failure at which interest will accrue at the rate of 20% per annum,” the Court ruled.
