PENCOM dragged to court over salaries

Over 20 disgruntled National Pension Commission employees have filed a lawsuit against the company in the Abuja Division of the National Industrial Court for alleged wage theft and unfair labour practices.

The chairman of PENCOM has also been included as a respondent in the lawsuit brought by Femi Falana (SAN).

While the lawsuit has been scheduled for October 13 for mention, the media in Abuja were able to receive a copy of the court proceedings on Sunday.

The employees were suing the commission and its chairman for allegedly preventing them from carrying out their statutory obligations after being hired and for refusing to pay salaries and other benefits when they launched the lawsuit in March 2001 on behalf of themselves and other commission employees.

The plaintiffs, who were allegedly engaged since March 2017, started work at the PENCOM but were later barred from carrying out their mandated tasks.

The workers sought a court order ordering the commission to pay them their salaries, arrears, and allowances from the commencement of their employment until the time when PENCOM would comply with the court's verdict, with the amount to be determined using the commission's pay scale for its employees.

The claimants also sought a declaration that “having regard to the provisions of Section 28 and 29 of the Pension Reform  Act 2014, Regulations 040102 and 130105 of the public service rules, the failure of the commission to pay them their salaries, arrears, allowances and promotion from the date of their employment till date is an unfair labour practice, discriminatory, ultra vires and in violation of the provisions of the PENCOM Act and the public service rules.”

Additionally, they requested an order "directing the commission to pay them forthwith their salaries, arrears, and allowances from the date of their employment until the commission is in compliance with the court's judgement, and the same should be calculated using the commission's Salary Structure for its employees."

Additionally, they asked for an order of injunction instructing the commission to elevate them right away to the positions that are properly theirs due to their employment with PENCOM.

“Another order restraining the Commission from further harassing, intimidating, threatening the employment of the Claimants or restraining the Claimants from performing their statutory function in the commission as Staff of the commission,” the plaintiffs said.

In the suit marked, NIC/ABJ/188/2022, Counsel to the claimants, Samuel Ogala, of Falana & Falana’s Chambers, formulated three legal questions for determination by the court, as to whether, “having regard to the provisions of Section 28 and 29 of the Pension Reform Act 2014 the claimants by virtue of their Offer letters and acceptance are public servants and employees of the commission.

“Regard to the provisions of Section 28 and 29 of the Pension Reform Act 2014, Regulations 040102 and 130105 of the Public Service Rules, the claimants being staff of the commission are entitled to be paid their salaries, arrears, allowances and receive their promotion in the commission in accordance to what Is applicable to other officers of equivalent rank in the commission.

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