Court awards N5m damages against Shongal Technologies, manager over employee’s harassment

By Suleiman Shehu

 The National Industrial Court in Ibadan has awarded N5 million damages against Shongal Technologies Limited and its Operations Manager, Nasarvali Dudekeh, over harassment of an employee.

It would be recalled that an employee of the company, Mr Omene Robinson had instituted a harassment and unlawful termination of appointment suit at the Court through his Counsel, Mr Femi Aborisade.

The News Agency of Nigeria (NAN) reports that Dudekeh is the first respondent in the suit while Shongal Technologies Limited is the second respondent.

The claimant had informed the court that Dudekeh, the Company’s Operations Manager, allegedly harassed him by slapping him while on duty on Sept. 8, 2019, which led to his being hospitalised at the company’s medical facility.

He further informed the Court that the company later served him a letter of termination of appointment on June 27, 2020, while the letter was dated September 2019 and his salary stopped in September 2019.

The claimant urged the Court to order the respondents to declare his harassment as unlawful, pay his earned salary from September 2019 to June 2020, N52,000 cost for treatment and N6 million as general damages.

Delivering judgment on Wednesday, Justice John Peters said that the Nigeria Constitution, Labour law as well as the company’s manual book prohibited any form of violence, intimidation and harassment at workplace.

Peters said the slapping of the claimant by the operations manager, who was acting on behalf of the company, was a clear violation of the constitution and lack of respect for human dignity.

“I declare that the conduct is not acceptable and condemnable; the act of harassment at work by slapping an employee is unlawful and unfair labour practice.

“The Shongal Technologies Limited is not exempted from liability because the operations manager is not an ordinary employee, he was acting on behalf of the company.

“Both the Company and its Operations Manager are liable for the wrongful act done to the claimant,” the judge declared.

Peters declared that the claimant remained an employee of the company till June 2020 when he was served letter of termination of appointment and was entitled to the unpaid remuneration from September 2019 to June 2020.

“I order the defendants to pay a sum of N812,614 being the unpaid entitlement from September 2019 to June 2020.

“I also order the payment of N52,000 as special damages for cost incurred for the purchase of drugs and treatment of the claimant.

“Both the defendants are to jointly pay N5 million as general damages and N200,000 as cost incurred in instituting the case,” the judge held.

He dismissed the counter claims of the second respondent, filed by its Counsel, Mr J. Oguniyi while the first respondent was not represented by counsel in the suit.

Speaking after the judgment, the claimant’s Counsel, Aborisade, appreciated the judge for upholding the law and confidence of citizens in the judiciary.

The 2nd respondent’s Counsel, Oguniyi, also commended the judge. (NAN)(www.nannees.ng)