Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NGIANGIA T. IBOMA & 4 ORS
V.
PORTS & TERMINAL OPERATORS LTD & 2 ORS

(2020) JELR 80394 (NICN)    
National Industrial Court of Nigeria  ·  NICN/PHC/72/2014 ·  20 Jan 2020 ·  Nigeria
CORAM
HIS LORDSHIP HON. JUSTICE I.S GALADIMA

Ratio Decidendi

Core Terms Beta
claimants
2nd defendant
1st defendant
exhibit c2
collective agreement
2nd defendants
limitation law
claimants’ case
maritime workers union of nigeria
civil cases
evidence act
insurance benefits
statement of facts
2nd defendant company
contract of service
contracts of employment
course of this court
cross-appellant
employment relationship
judgment of the court
open court
respective counsel
view of the provisions of section
1st defendant’s defence
adoption of their counsel
claimant’s case
claimants’ salaries
clerical work
contract of service agreement
different times
dock labour industry
employment letters
exhibits c1
history of the case
jurisdictional issue
laws of rivers state nigeria
laws of river state of nigeria
learned okoro
lettered exhibit c1
letter of power of attorney
messrs f.d.c briggs
mr. peter teme wilcox
nigerian labour congress
para d-h
paragraphs g-h.
portharcourt division of this court
port terminal operator
procedural agreement
said reply
written employment letters


I.S GALADIMA, J: These Claimants were allegedly dockworkers engaged by the 1st and 2nd Defendants from 2006 – 2008 before they were laid off on grounds of redundancy without their being paid their alleged terminal, hazard, and insurance benefits. The 1st Defendant is purportedly the Port Terminal Operator’s (Stevedoring) firm to the 2nd Defendant Company. Accordingly, the 1st Defendant brought these Claimants to work for the 2nd Defendant whereas the 2nd Defendant was actually the firm that paid the Claimants’ salaries. The Claimants’ case is that their jobs was terminated on grounds of redundancy without the required payment of entitlement benefits (pay-offs), hazard allowances, and insurance as contained in Article 2 [12] of Part 2 in the Procedural Agreement between the Sea Port Terminal Operators Association and the Maritime Workers Union of Nigeria. Their jobs upon being terminated, accordingly entitled them to terminal benefits for redundancy as well as hazard allowances which t…

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