By Henry Ojelu

In a landmark judgment that underscores the increasing judicial scrutiny of workplace abuse and arbitrary termination in Nigeria’s labour sector, the National Industrial Court, NIC, Ibadan Division, has ordered a manufacturing firm, Shongai Technologies Limited, and its Operations Manager, Mr. Nasarvali Dudekeh, to pay a total of N6,142,816 to a former employee, Mr. Omene Andy Robinson, over what the court termed unlawful termination and inhumane treatment.

Justice J.D. Peters delivered the verdict in the suit marked NICN/AB/03/2020, brought before the court by the claimant, Mr. Robinson, who worked with the company as a machine operator until June 2020, when his employment was terminated.

The court’s ruling, delivered on April 9, 2025, followed years of legal proceedings initiated by the claimant after he was reportedly assaulted at the workplace and later dismissed without notice or stated reason.

The claims

Mr. Robinson, through his legal counsel, Mr. Femi Aborisade and Ms. Rasheedat Akinrinde, argued that his dismissal was not only procedurally defective but also a consequence of an incident of workplace violence carried out by the first defendant, Mr. Dudekeh, in his capacity as Operations Manager.

According to court documents, the incident occurred on September 8, 2019, at about 3:20 p.m., when Mr. Dudekeh allegedly slapped and beat the claimant on the factory premises as a form of managerial discipline. The claimant testified that the assault led to physical injuries that required four days of hospitalisation at Shirsh Medical Clinic, a facility owned by the second defendant, Shongai Technologies Limited.

In addition to physical assault, the claimant contended that the company unlawfully withheld his salaries and entitlements, amounting to N812,646, from the period of September 2019 to June 2020, when he was ultimately dismissed.

He also sought the court’s declaration that the treatment he suffered constituted unfair labour practices, was contrary to established labour laws, and violated his dignity as a worker.

Robinson prayed the court to award him the withheld entitlements as well as damages for the traumatic experience. Specifically, he demanded N812,646 in unpaid salaries and bonus, N6 million as general damages, and compensation for medical expenses incurred during his treatment.

Defendants’ position

The company and its Operations Manager denied the allegations. Represented by legal counsel, Sir J.T. Ogunniyi and C.B. Ayankoso, the defence maintained that the second defendant, Shongai Technologies, could not be held vicariously liable for the alleged actions of Mr. Dudekeh.

They argued that Robinson had abandoned his duty post and refused to resume work, a situation they claimed justified withholding his salaries. According to their submission, the claimant’s refusal to perform his duties from September 2019 to June 2020 invalidated any claim for salary payments within that period.

Furthermore, the defence claimed that the alleged assault was fabricated and never occurred. In a counterclaim, the second defendant demanded N1 million from the claimant as reimbursement for legal costs incurred in defending what they termed a frivolous suit.

They urged the court to dismiss the claims as baseless and lacking merit.

Court’s findings

However, in his judgment, Justice Peters found the claimant’s case to be credible and supported by evidence. The court rejected the defendants’ claim that the assault was fabricated, describing the first defendant’s actions as “slavish and vicious punitive measures” wholly inconsistent with accepted workplace standards.

The judge ruled that the assault on the claimant constituted physical harassment and inhumane treatment. He observed that the injuries suffered by Mr. Robinson were serious enough to require medical intervention, and the company did not deny that the claimant was treated at its own clinic, Shirsh Medical Clinic.

Justice Peters also faulted the company for failing to issue any formal query or notice before terminating the claimant’s employment, which he declared illegal and in breach of the Labour Act and established industrial relations practices.

The judgment

Consequently, the court awarded multiple reliefs to the claimant as follows:

N812,646 as earned but unpaid salaries and bonus for the period between September 2019 and June 24, 2020; N78,176 as one month’s salary in lieu of notice, which the court said the company failed to provide before terminating the employment; N52,000 as special damages for drugs purchased on October 19 and November 9, 2019, during his recovery; N5,000,000 as general damages for the assault, inhumane treatment, and psychological distress suffered; N200,000 as cost of filing the suit.

The judge directed that the first and second defendants be jointly and severally liable for the payments, stressing that managerial personnel cannot hide behind the corporate veil when engaging in illegal actions.

Justice Peters dismissed all counterclaims filed by the defence, stating that they lacked cogent, credible, and admissible evidence.