BE ON TOP OF YOUR LABOUR CASES WITH THE NIGERIAN LABOUR LAW REPORTS (NLLR)
Ogbodu v. Global Fleet Oil & Gas Ltd. & Anor. [2015] 55 N.L.L.R (Part 187) 201
1. On Validity of co-employer status between two
employers and an employee -
Per B.B. Kanyip, J (Pages 321-322,
Paras. E-F)
“In appropriate cases, the courts have upheld
the fact of co-employer status between two employers in relation to an employee
as was the case in Onmalobi v. NNPC and Warri Refining and Pertrochemical
Company (2004) 1 NLLR (Pt. 2) 301. So for the defendants to think that
there can be no two employers in relation to one employee is to loose sight of
current realities in the world of work. It is for this reason that the
defendants argued that entitlement to a leave allowance is reserved by the 2nd
defendant exclusively for its own employees that were recruited directly and
separate from employees seconded to it by the 1st defendant. Exhibit C1 took
time out to brag to the claimant about the three groupings in the conglomerate
of the defendants and talks of the claimant as a member of the team. The
claimant was invited to indicate which of the three companies she wants to work
in. Exhibits C3(a) and C3(b) then finally posted the claimant to Legal
Department of the 2nd defendant as Head Legal
Department with effect from 10th September, 2009.
How can the defendants, after all of this, argue that only the 1st defendant is the
employer of the claimant? It is my finding that a co-employer status exists
here and both defendants are individually and jointly employer(s) of the
claimant. In this sense, the argument of the defendants that leave allowance
enjoyed in the 2nd defendant is not accordable
to the claimant because she was not directly recruited by the 2nd defendant is
nothing but rhetoric aimed at entrenching an unfair labour practice in the
workplace.... It is accordingly my finding and holding that both defendants are
co-employers of the claimant and the claimant is entitled to all benefits
accruable to employees as may be given as such by the defendants. The argument
of the defendants that the claimant cannot enjoy leave allowance from the 2nd defendant smacks
of unfair labour practice and so is rejected. Once the claimant can prove
entitlement to it, she will be accorded the said leave allowance.”
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