The Industrial Arbitration Panel, (IAP) has ordered Integrated Logistics Services Limited (INTELS) and Associated Maritime Services (AMS) to pay the full entitlements including gratuities and terminal benefits of the 624 Dockworkers they sacked.
The workers were said to have been sacked by INTELS and its subsidiary, AMS between November 2020 and June 2021.
A statement by the President-General of the Maritime Workers Union of Nigeria, (MWUN), Adewale Adeyanju, disclosed that the panel also indicted INTEL and AMS for sacking the affected workers, while the case INTELS instituted against the workers and their Union subsisted, describing the action as unfair labour practices.
Adeyanju quoted a letter dated September 13, by the Director, Trade Union Services and Industrial Relations, Mrs. Omoabie Akpan, on behalf of the Minister of Labour and Employment, Dr. Chris Ngige.
According to the letter, “The IAP in accordance with the provision of Section 13(2) of the Trade Dispute Act CAP T8, Laws of the Federation of Nigeria (LFN) 2004, after looking into the dispute, and making about eight findings ruled that all the contract staff/ employees seconded by the 3rd party (AMS) to the 2nd party (INTELS) under their labour management contract namely; 599 contract staff affected by redundancy exercise conducted on November 30th 2020, 8 contract staff affected by redundancy exercise conducted on 2nd February, 2021, and 17 contract staff affected by the redundancy exercise conducted on June 15, 2021, are employees of the 2nd party; Intels Nig. Limited.
“All the contract staff employees seconded by the 3rd party under their labour management contract namely; 599 contract staff affected by the redundancy exercise conducted on November 30th 2020, contract staff affected by redundancy exercise conducted on 2nd, April, 2021 and 17 contract staff affected by redundancy exercise conducted on June 15, 2021 by 2nd and 3rd parties, are each entitled to be paid extra gratuity in addition to their terminal benefits by the 2rd party through the 3rd party; forthwith.
“The mode of calculation of extra gratuity to be paid by the 2nd party through the third party shall be: a. N300, 000.00 (three hundred thousand naira) for each completed year of service to redundant workers who have completed five (5) years of service and above; N1, 500,000 (one million five hundred thousand naira) lump – sum to redundant staff/workers who have completed 1-4 years of service; forthwith.
“Redundant workers with less than one year, but have spent a minimum of six months in service shall be paid on prorated basis, forthwith. The contractual relationship between the 2nd and 3rd parties still subsists in all matters relating to, and concerning this Award in the proceedings.
“The practice where an employer obtains a restraining order against strike by its workers and proceeds, during the subsistence of the restraining order, to declare the restrained workers redundant and terminated is nothing but an unfair labour practice. The 2nd and 3rd parties thus in the conduct of redundancy exercises of 2nd April, 2021, and 15th June, 2021 engaged in unfair labour practice, “the panel ruled.
