The National Industrial Court in Port Harcourt has ordered a firm, Alcon Nigeria Limited, to pay one, Keeney, a foreign former employee, over $42,000 in unpaid salaries, along with N1.4 million in allowances and N3.26 million for retirement expenses, within 30 days.
In a judgement, Justice Faustina KolaOlalere, held that the company failed to prove its claim that Keeney absconded from work before his resignation, and thus remains liable for the unpaid entitlements.
According to court documents, Keeney resigned in April 2022, but alleged that no salary was paid to him from September 2021 until his departure, leaving a balance of $42,115.79 in unpaid wages. He also claimed N1,818,805 in unpaid allowances and N3,261,744 for flight-related retirement expenses.
However, in its defence, Alcon Nigeria alleged that Keeney had stopped working before submitting his resignation and failed to follow the company’s official exit procedures, including returning company assets and getting formally cleared. The firm also claimed that he failed to clearly state how he calculated the money he was demanding.
Responding, Keeney’s counsel countered that the company’s contract contained no binding exit procedure, and that the absence claims were baseless.
The court agreed. In his judgement, Justice Kola-Olalere emphasized that Alcon provided no credible evidence that Keeney had absconded, noting that the company itself could not determine exactly when or for how long he was absent.
“The claimant has proved to the satisfaction of the court that from September 2021 to April 2022, the defendant did not pay his salary. I hereby hold that the claimant is entitled to claim from the defendant”, the judge held.
