The Presiding Judge, Portharcourt Judicial Division of the National Industrial Court, Hon. Justice Faustina Kola-Olalere has ordered Heightworks Limited to pay Mr. Sunday Horsfall the sum of N1,150,000.00 (One Million, One Hundred and Fifty Thousand Naira) only as his arrears of short paid and non-paid salaries from April to November 2019, and the sum of N450,000.00 cost of action within 30 days.

However, the court held that Mr. Sunday is not entitled to the sum of N300,000.00 as salary for December 2019 as payment of one month’s salary in lieu of notice and N210k leave allowance as claimed because there is no such provision in his terms of employment and there is no evidence that his employment was confirmed before he was declared redundant by the Heightworks Limited.

From facts, the Claimant- Mr. Sunday Horsfall had submitted that while he was in the employment, Heightworks Limited never paid him his complete salary as stated in the Letter of Appointment, and averred that on 30th November 2019, the firm carried out its planned redundancy exercise.

He stated that in the redundancy letter, Heightworks Limited stated that all monies due to him, including (statutory) redundancy payment, salary, and outstanding leave would be paid to him on November 29, 2019, but all to no avail.

Counsel to Mr. Sunday, I.S Hubert-Ockiya Esq. and E.K Kientei Esq averred that the firm neglect to file its Statement of Defence to the claims is glaring proof that the firm has no defence to the claims, and maintained that as a result of the non-payment of the agreed sum, he has suffered both psychological and Economic hardship, urged the court to grant the reliefs sought.

In a well-considered judgment, the Presiding Judge, Justice Kola-Olalere held that Heightworks Limited is prepared to abide by whatever decision the Court arrives at on the matter for its refusal to defend the case.

“With all this evidence before the Court, I am satisfied that the Claimant has proved his claim for arrears of his short paid and none-paid salaries from April to November 2019 on the preponderance of probability as required in section 134 of the Evidence Act, 2011 (As Amended).” The Court ruled