Law & Human Rights

June 27, 2013

Ex-employee sues PENGASSAN over unpaid entitlement

By BARTHOLOMEW MADUKWE

An employee of Petroleum And Natural Gas Senior Staff Association of Nigeria (PENGASSAN), Mr Douglas Atagamhen, has dragged his employer before the National Industrial Court in Lagos,  following the alleged refusal of the latter to pay his entitlement after he was sacked.

In his claims, Atagamhen, through his lawyer Mr Gani Adetola Kaseem SAN, posited that he was an Accountant in the employment of the defendant (PENGASSAN), before he was later moved to the Kaduna zonal office in the capacity of Senior Organizing Secretary.

Atagamhen, who is praying the court to order PENGASSAN to pay N8.3m as net sum for his entitlement, said when he applied for a two-year study leave to undergo a post-graduate course, Master in Business Admission, Strayer University, Virginia, USA, PENGASSAN through its General Secretary gave him a conditional approval.

He said: “Having worked for the Defendant Association from March 8, 2010 and my appointment having not been determined before July 14, 2011; I am entitled to be fully remunerated for the period in accordance with extant conditions of service for staff of the Defendant Association. Having not been paid any part of my terminal benefits before February 2012, I am consequently deemed to have remained in the employment of the Defendant Association and therefore to be remunerated up to that time.”

According to Atagamhen, PENGASSAN General Secretary gave him conditional approval to his study leave, after reiterating that the claimant could not be granted leave with pay but assured him that he would be assisted by the payment of his furniture and housing allowances during the period of his leave.

“I accepted the conditional grant of my study leave without pay and subsequently commenced on the study leave and resumed study at Strayer University, Virginia, USA. While on my study leave, I was surprised to receive a letter through my e-mail declaring me to have been away without official leave.

“Consequently, I returned to Nigeria and resumed work on March 8, 2010 at the Kaduna zonal office of the Defendant Association. Upon my resumption, I started to perform my official duty. I visited the Headquarters of the Defendant Association to inform the General Secretary of my resumption to duty and also formally tendered a letter.” he said.