- Judge Condemns ‘Unlawful and Inhumane’ Treatment By Shongai Technologies Manager
THE NATIONAL Industrial Court of Nigeria (NICN), Ibadan Division, on Wednesday, April 9, 2025, delivered a landmark judgment in favour of Mr. Omene Andy Robinson, a former Machine Operator at Shongai Technologies Limited over workplace harassment/violence and invariably setting a precedent for employer liability under Nigeria’s labour laws as well as the enforceability of ILO Convention 190.
Mr Robinson sued the company and its Operations Manager, Mr. Nasarvali Dudekeh, for harassment, unpaid salaries, and wrongful termination. He was represented by human rights lawyer and activist, Femi Aborisade, Esq.
The presiding judge, the Honourable Justice J. D. Peters, ruled that the defendants were jointly and severally liable for “unlawful, illegal, and unfair labour practices,” awarding the claimant a total of N6,142,822 in damages, unpaid entitlements, and legal costs.
Key Allegations by the Claimant
Mr. Robinson, in suit no NICN/AB/03/2020, alleged that on September 8, 2019, the 1st defendant, Mr. Dudekeh, physically assaulted him by slapping and beating him as a “means of managerial control,” leading to a four-day hospitalisation at the company’s medical facility, Shirsh Medical Clinic.
Robinson therefore asked the court for the payment of his unpaid salaries and allowances from September 2019 to June 2020, totalling N812,646; payment of one month’s salary in lieu of notice, in the sum of N78,176, payment of medical expenses in the sum of N52,000, and N6 million in general damages for psychological and physical trauma.
The claimant argued that the 2nd defendant, Shongai Technologies, was vicariously liable for the actions of its manager, citing violations of the Nigerian Constitution (Section 34) and ILO Convention 190 on workplace violence.
Defence’s Counterarguments
The 2nd defendant (Shongai Technologies) denied liability, contending that the alleged assault was “framed up” and not reported internally per company rules. The company was represented by J. T. Ogunniyi.
The 2nd defendant further argued that the Claimant abandoned his duty post from September 2019 and thus was not entitled to the unpaid salaries in line with “no work, no pay” rule.
The company asked that court to award it the sum of N1 million in legal costs from the claimant for “frivolous litigation.”
Notably, the 1st defendant, Mr. Dudekeh, failed to appear in court despite being served hearing notices, leading the Judge to deem the claimant’s evidence “unchallenged.”
Court’s Findings and Judgment
Justice Peters condemned the 1st defendant’s conduct as a “clear violation of human dignity” and an “unfair labour practice,” citing:
Workplace Violence: The assault was corroborated by medical records (Exh. OR4) and witness testimony (CW2). The Judge noted that the 2nd Defendant’s Staff Handbook (Exh. OR3) prohibited violence, yet the company took no action.
Unpaid Salaries: The termination letter (Exh. OR10) was served only in June 2020, meaning the claimant was entitled to salaries until that date.
Termination Without Notice: The company violated its own policy by failing to pay one month’s salary in lieu of notice.
Vicarious Liability of Employer
The court held both Dudekeh and Shongai Technologies jointly and severally liable, ruling that the company was vicariously responsible for the actions of its senior manager.
Justice Peters emphasized that workplace violence constitutes unfair labour practices under Nigerian law and international standards, including the International Labour Organisation’s (ILO) Violence and Harassment Convention 190.
The court awarded the claimant the following: N812,646 being unpaid salaries from September 2019 – June 2020; N78,176 being one month’s salary in lieu of notice; N52,000 being reimbursement for medical expenses; N5,000,000 being general damages for harassment and trauma and N200,000 as legal costs.
Justice Peters not only dismissed all counterclaims by the 2nd defendant, he also sternly rebuked the first defendant by describing his actions as “reprehensible” and “condemnable”.
‘Within the context of the Staff Handbook of the 2nd Defendant, the applicable laws in this country as well as ILO Convention 190 & Recommendation (No. 206), the conduct of the 1st Defendant is unacceptable and despicable,’ Justice Peters held.
He further held that workplace violence violates not only Nigeria’s labour laws but also international standards.
Compliance Deadline
Justice Peters ordered the defendants to comply with the judgment within 30 days, failing which enforcement measures may follow.
Implications
The judgment reinforces protections against workplace harassment and sets a precedent for employer liability under Nigeria’s labour jurisprudence. It also highlights the enforceability of ILO Convention 190, which Nigeria ratified in 2022.
