The Portharcourt Division of the National Industrial Court has dismissed a N24 million retirement benefit claim against Total E&P Nig Ltd for lack of proof.
Justice Polycarp Hamman dismissed the claim in a suit filed by one Mercy Etim. The court held that Etim failed to establish her claims before the court.
Justice Polycarp in his ruling noted that cases before courts of law are not decided based on sympathy or sentiments no matter the compelling circumstances, but based on concrete and verifiable facts and evidence.
Background
The claimant, Mercy Etim told the court that she had worked as a staff of the defendant’s French School from 21st December 1979 to 21st December 2007 when she retired.
She said her Headmaster gave her N1,000,000.00 cash and told her to go to the Defendant’s office to collect her full retirement benefits.
She said on the 10th of August, 2018, she was offered a part payment of N2,089,761.34 leaving a balance of N24,910,238.66 and all effort to get her alleged entitlement proved abortive.
In it’s defence, the defendant, Total E&P Nig Ltd told the court that Mercy Etim was not and has never been an employee/staff of the company, but a nanny in the defunct Elf-Michelin French School.
Acoording to the company’s lawyer, the company decided to make an ex-gratia payment to her in recognition of her services, that the sum of N2,089,761.34 considering her age.
They claimed the aforementioned sum was paid to her as ex-gratia payment, and she then signed an indemnity waiving any right to and all claims, demands or rights of action against the defendant for payment of any sum whatsoever and howsoever.
Consequently, The company urged the court to dismiss the suit with substantial cost for being frivolous, vexatious and lacking merit.
Mercy’s lawyer contended that the challenges experienced by his client caused her to execute the indemnity to keep her soul and body together so as to be able to protest her unpaid entitlement.
He added that the indemnity cannot amount to a waiver of her right to receive her full benefits.
Judgement
After listening to parties in the suit. Justice Polycarp Hamman held that Mercy’s claim before the court are in the realm of special damages which the law expects her to specially plead and strictly prove the same.
He held that she failed to prove that her retirement benefit is calculated at N1,000,000.00 per year multiplied by the number of years served, as there is nothing before the court to show how she arrived at the amount she is claiming in the suit.
The judge said “She did not tender any Condition of Service to show what is provided as retirement benefits. Even her contention that the retirement benefit in the defendant is calculated at N1,000.000.00 per year multiplied by the years of service cannot be logical and reasonable.
“This contention is unconscionable and cannot be believed by any court unless that is what is specifically provided for in the defendant’s conditions of service. It is, therefore, manifest that the claimant has not proved her case as required by law. I so find and hold.
“I must admit that while I sympathise with the Claimant, it is unfortunate that there is nothing this court can do considering her claims before the court. Cases before courts of law are not decided based on sympathy or sentiments no matter the compelling circumstances but based on concrete and verifiable facts and evidence. Unfortunately, there is no ‘milk of human kindness’ to give the claimant considering her reliefs before the court.” Justice Polycarp ruled.
