Whether the Right of an Employee to his Wages Extends to Periods of His Suspension

CASE TITLE: GLOBE MOTORS HOLDINGS (NIG) LTD v. OYEWOLE (2022) LPELR-56856(CA)

JUDGMENT DATE: 23RD FEBRUARY, 2022

PRACTICE AREA: LABOUR LAW.

LEAD JUDGMENT: MUHAMMAD IBRAHIM SIRAJO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Suspension from Employment..

FACTS:

This appeal is against the judgment of the National Industrial Court, Lagos delivered on 26/03/2014.

The Respondent, who was employed by the Appellant as an Auto Mechanic, was placed on indefinite suspension vide a letter served on him on 11th September, 2007. He was neither recalled from the indefinite suspension nor his appointment formally terminated by the Appellant.

The Respondent decided to approach the Citizens Mediation Centre of the Lagos State Ministry of Justice with his complaint on 25th October, 2011. The Centre’s invitation to the Appellant was not responded to. The Respondent also sought the legal assistance of the Office of Public Defender where he sent a Petition against indefinite suspension. The Office of Public Defender invited the Managing Director of the Appellant for a meeting but the meeting did not yield any result.  This prompted the filing of an action at the trial Court by the Office of Public Defender in which the Respondent as Claimant sought for salary arrears and general damages.

In its considered judgment, the trial Court found partly in favor of the Respondent and awarded the sum of N554,190.00 as unpaid salary from 2007 to the date of the judgment.

Aggrieved, the Appellant appealed.

ISSUES FOR DETERMINATION:

 The appeal was determined on the following issues:

a. Whether the learned trial Court was right in ordering the Appellant to pay the judgment sum within 30 days of the trial Court’s judgment contrary to the Appellant’s 90 days provided by statute time to appeal.

b. Whether the issue of the length of time when the Claimant/Respondent was indefinitely suspended should be with pay or without pay was suo motu raised by the learned trial Court and if so whether it is justifiable to have done so without giving the Defendant/Appellant the opportunity to address the Court on the issue before giving judgment based on the issue.

DECISION/HELD:

In the final analysis, the appeal failed and was dismissed.

RATIOS:

• LABOUR LAW – SUSPENSION FROM EMPLOYMENT: Meaning and nature of suspension; whether suspension is the same as termination of employment
• LABOUR LAW – SUSPENSION FROM EMPLOYMENT: Whether a suspended employee is entitled to his wages/emoluments during the period of suspension
• LABOUR LAW – SUSPENSION FROM EMPLOYMENT: Nature of suspension