PenCom sued by its Staff over Salaries and unlawful labour practices
The National Pension Commission (PenCom) and its Chairman has been charged to court by about 20 individuals who alleged that they are employees of PenCom and they have been denied salaries and subjected to unlawful labour practices.
The suit, marked NIC/ABJ/188/2022 was filled at the Abuja Division of the National Industrial Court and counsel to the claimants are Samuel Ogala of Falana & Falana’s Chambers. A copy of the court processes was obtained by journalists in Abuja over the weekend while the suit has been fixed for 13 October 2022 for mention.
The claimants who filed the suit on behalf of themselves and others employed by the Commission in March 2017 are challenging PenCom for unlawfully restraining them from performing their statutory functions after engagement and refusal to be paid salaries and other entitlements. The claimants said after resuming duties at PenCom following their employment in March 2017, they were restrained from performing their statutory duties.
The claimants 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 Pension Reform Act and the Public Service Rules.
They also seek a mandatory order “directing the Commission to pay them forthwith their salaries, arrears, allowances from the date of their employment till when the judgment of the Court is complied with by the Commission and the same should be calculated using the Commission’s Salary Structure for its employees.
Also sought was an order of Injunction directing the Commission to immediately promote them to their rightful position in the Commission based on their employment with the Commission, and 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.
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.
“Regarding 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 with what is applicable to other officers of equivalent rank in the Commission.
“Regarding 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 the Claimants their salaries, arrears, allowances and promotion from the date of their employment till date is an unfair labor practice, discriminatory, ultra vires and in violation of the provisions of the Pension Reform Act 2014 and the Public Service Rules.
Also read, Why was PenCom sued by its Staff, Are they really PenCom Staff, Why were they not paid
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