close
Monday, March 14, 2022

Court orders Arik to pay sacked pilot $126,500 in 30 days

The pilot claimed that Arik terminated his employment without any prior notice as contained in the letter of appointment.

• March 14, 2022
Arik Airline
Arik Airline

The National Industrial Court has ordered Arik Airline to pay Ratovic Miroslav, a former pilot $126,500 in 30 days.

The court gave the breakdown of the sum as: $57,500 or its naira equivalent as payment of his outstanding salary arrears from September 2016 to March 2017 at the rate of $11,500 per month and the sum of $34,500 or its naira equivalent as three months salary in lieu of notice.

The court in addition computed $34,500, being his three months salary in general damages for the wrongful employment termination.

The sum of N500,000 was also awarded by the court as cost of the suit in favour of the claimant.

Delivering judgment, Justice Edith Agbakoba, also declared that the termination of the claimant’s employment on March 31, 2017, was wrongful and in breach of the parties contract of employment.

From facts, the claimant, Mr Miroslav had submitted that he was employed as a pilot by the defendant to fly its B737 NG series Aircraft on July 31, 2007.

In his statement of facts, the claimant further stated his employment was terminated on March 31, 2017.

He averred that the defendant gave the reason on the basis of his “service no longer required” without giving him any prior notice as contained in the letter of appointment.

He said at this point the defendant was owing him arrears of salary from September 1, 2016 to March 31, 2017.

The defendant, however, averred that the termination of the claimant’s employment was due to the takeover of the operations of the firm by the Asset Management Corporation of Nigeria (AMCON).

The defendant in addition argued that the takeover by AMCON necessitated a restructuring and reorganisation of the operations of the firm.

Defence therefore urged the court to dismiss the claims of Mr Miroslav for being frivolous, contending that the contract of employment was between Arik International S.A (AISA) and not Arik Air Ltd.

The defendant also said that AISA was expected to bear the responsibility for the salaries of the claimant.

In reply, the claimant counsel maintained that the contract of employment was entered into by his client and the defendant and not by the AISA as claimed.

The court in its decision, however, held that all the submissions of the defendant that the claimant was not its employee and the role of the AISA was of no purpose as the court recognised the concept of triangular employment.

“From the contents of this Letter of Release Agreement, the first respondent is the agent of the second respondent and the second respondent is a co-employer of the applicant.

“A cause of action has been disclosed against the second respondent by the applicant,” Ms Agbakoba ruled. 

(NAN)

More from Peoples Gazette

Economy

Buhari regime will continue to borrow without subsidy removal: Femi Adesina

“You know how much could have been saved if the subsidy was removed and how it could have been diverted to other areas and spheres of national life.

Burst water pipe

NationWide

FG unable to provide portable water due to pumps theft, insecurity: Official

The federal government said the nationwide insecurity made it difficult to provide portable water for some hard-to-reach communities.

Mua’zu Magaji and Ganduje

Rights

Court revokes ex-commissioner’s bail, orders arrest for defaming Ganduje

The bench warrant for his arrest follows the former commissioner’s failure to appear before the court three times.

Prisoners

States

Most Onitsha prison inmates innocent; police falsely accused them of crimes: Lawmaker

“It is unfortunate. Many of these inmates have been awaiting trial for many years.”

FIFA WORLD CUP

Sport

Qatar 2022: FIFA makes changes to Ghana vs. Nigeria match officials’ line-up

Both teams face off in a two-leg fixture for one of Africa’s five slots at Qatar 2022, first in Cape Coast on March 25, and then in Abuja on March 29.

Governor Willie Obiano

Politics

Gov. Obiano dissolves cabinet ahead of March 17 handover to Soludo

Mr Obiano is expected to hand over to the incoming governor, Chukwuma Soludo, on March 17, when his eight years two-term tenure expires.

Osondu Victor Igwilo

Anti-Corruption

EFCC arrests Osondu Victor Igwilo, others for $100 million fraud

Leader of the criminal network “catchers”, Igwilo has been on FBI watch list for wire fraud, money laundering and aggravated identity theft.