The National Industrial Court in Port Harcourt has declared the termination of 28 workers by Julius Berger Nigeria Plc wrongful, ruling that the construction company acted improperly after a strike by workers at its Bodo-Bonny Road project in Rivers State.

In a judgment delivered on May 6, Justice Faustina Kola-Olalere held that Julius Berger wrongfully terminated the workers’ employment by backdating the effective date of their termination and failing to provide reasons for ending their appointments.

The workers, led by Gbordei Joseph Paul, had sued the company after their employment was terminated in September 2021 following a dispute over demands for hydrocarbon swamp hazard allowances at the Bodo-Bonny Road construction site.

According to court documents, the workers alleged that the project site was heavily polluted by hydrocarbon substances and posed serious health risks. They claimed management repeatedly failed to address their demands for hazard allowances and other welfare provisions, prompting them to embark on a strike.

The workers told the court that although the strike was eventually suspended following intervention by local authorities, Julius Berger later terminated their employment without notice or payment of salaries in lieu of notice.

In its defence, Julius Berger argued that the workers participated in an unauthorised strike that lacked the approval of their recognised union, the National Union for Civil Engineering, Construction, Furniture and Wood Workers.

The company maintained that its Internal Conditions of Service permitted dismissal without notice or terminal benefits for employees who participated in strikes without union backing.

However, Justice Kola-Olalere found that the company did not dismiss the workers as it claimed during the proceedings but instead issued letters expressly terminating their employment.

“The employments of all the Claimants in this case were determined by termination and not by dismissal,” the judge held.

The court noted that the termination letters, dated September 30, 2021, stated that the workers’ employment had been terminated with effect from September 17, 2021, effectively backdating the decision by nearly two weeks.

Justice Kola-Olalere described the practice as contrary to labour law principles and international best practices.

“No employer is allowed to backdate the effective date of the determination of the employment of its employee,” the judge said.

The court further held that the termination letters failed to provide any reason for ending the employment relationship, a practice it said was inconsistent with modern international labour standards, including principles contained in the International Labour Organisation’s Convention 158 on Termination of Employment.

Although Nigeria has not ratified the convention, the court said such standards remain persuasive guidance in determining fair labour practices.

The judge consequently ruled that the termination of the workers’ employment was wrongful.

The court awarded the 25 workers whose pay slips were tendered in evidence a combined N2.08 million as salaries in lieu of notice and N110,389.16 as severance benefits.

It also awarded N800,000 in general costs against Julius Berger.

However, the court dismissed the workers’ claim for N60.83 million in hydrocarbon swamp allowances, holding that they failed to produce sufficient evidence of any binding agreement requiring the company to make such payments.

Their claim for N5 million in litigation costs was also rejected for lack of proof.

Justice Kola-Olalere ordered Julius Berger to pay the total judgment sum of N2.99 million within 30 days, failing which the amount would attract interest at the rate of 10 per cent per annum until fully liquidated. (Guardian)

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