Chevron, four firms in N100 million suit over breach of contract regarding 235 workers

*Oil Major’s Attorney absent as court adjourns sitting to June 28 *Five of our colleagues are dead, others relocated to village due to hardship-Claimants


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Chevron, four firms in N100 million suit over breach of contract regarding 235 workers
Chief (Barr.) V.E Otomiewo

Oil and Gas Major, Chevron Nigeria Limited, CNL and four of her contractors: JOCECO NIGERIA LIMITED, Pat Onosen Nigeria Enterprises Limited, Sanco/Calaya JV. Nigeria Limited and Hensteel Engr. & Const. Services Limited have been dragged to the National Industrial Court of Nigeria in the Awka Judicial Division Holden at Awka, Anambra State by 235 workers over perceived breach of contract.

In the suit filed by nine of the workers: Mr. Patrick Gbetah, Mr. Edward Usino, Mr. Benedict Atiyota, Mr. Anthony Akpomuku, Mr. Frank Panama, Mr. Mesio Tadye Solomon Akpomutu, Mr. Okoro ThankGod, Mr. Erute Efe Emmanuel and Mr. Asheshe Pius, on behalf of themselves and their colleagues, the claimants contended among others that JOCECO Nigeria Limited and Pat Onosen Nigeria Enterprises Limited did not pay them their redundancy allowance in 2011 in compliance with the 2005 Collective Bargaining Agreement, CBA before they were absolved by Pat Onosen Nigeria Enterprises, Sanco/Calaya JV. Limited and Hensteel Engr. & Const. Services.

In the Suit No: NICN/AWKA/39/2015, the aggrieved workers who were unceremoniously laid off without sack letters, no redundancy letters and non-indebtedness letters noted that despite several protests and strikes by their union, NUPENG, “the defendants and several interventions by government agencies, the defendants have refused to honour the provisions of the CBA”.

Fresh Angle International can report that non remittance of the 7.5% of the claimants’ consolidated gross monthly salaries deducted at source by Pat Onosen Nigeria Enterprises Limited and Sanco/Calaya JV. Limited from January 2014-September 2014 is among entitlements that make up the N100 million they are seeking as damages.

Chevron, which is the 5th Defendant had filed preliminary objection December 10, 2015, asking the Court to strike out the case on the grounds that “there is no cause of action or reasonable cause of action against the 5th Defendant, the 5th Defendant is not privy to all the agreements and /or transactions that gave rise to the filing of this suit and no demand notice was served on the 5th Defendant,” adding that “The Honourable Court lacks jurisdiction to try the suit”.

Our Correspondent who was at Awka, the Anambra State Capital reports that at the resumed sitting of the case Thursday May 19, 2016, Chevron Nig. Limited, HENSTEEL ENGR. & CONST. SERVICES LTD and SANCO/CALAYA JV. failed to send their counsels,  while JOCECO and Pat Onosen were represented by Kenneth Atsenuwa and Eseoghene Sele ESQ. respectively.

After hearing briefs from Chief (Barr.) V.E Otomiewo who is counsel to the 235 workers as well as Kenneth Atsenuwa and Eseoghene Sele, the Presiding Judge, W. Abali adjourned the case to June 28, 2016, with Barr. Otomiewo vowing that he will personally ensure that Chevron and the two other firms that were absent during the sitting were duly served before the next sitting, even as feelers indicate that the court might give ruling if the oil and gas major is not represented by its Attorney in the next sitting.

 Barr. Kenneth Atsenuwa fielding questions from newsmen

It was reliably gathered that at the end of their contract which lasted between 2011 and 2014, the 235 workers against conventional labour practices were asked to go home “for transition into the new companies (OIS, Dormanlong, Midis and Idmon)”, leaving them in a state of confusion, hardship and helplessness.

One of the lead claimants, Mr. Patrick Gbejah told Correspondents  immediately after the brief sitting that they have lost five of their colleagues as a result of the neglect, nonpayment of their entitlements and resistance by Chevron and its contracting companies, while some others have relocated prematurely to their villages, their wards stopping school abruptly and a few others in precarious health condition.

Some of the 235 laid off workers at the Court premises, Awka

 

 

 

 

 

 

 


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