The Port-harcourt, Rivers State division of the National Industrial Court of Nigeria, has declared the termination of employment of 28 workers of Julius Berger Nigeria Plc wrongful, illegal and unlawful.
Owing to above, the court presided over by Justice F. I. Kola-Olalere has ordered the construction company to pay a total sum of N2.99 million in compensation and entitlements to the affected workers.
Justice Kola-Olalere made the above ordered while given judgment on May 6, 2026, in suit marked NICN/PHC/155/2022 filed by Mr. Gbordei Joseph Paul and 27 other former employees against Julius Berger Nigeria Plc.
Other claimants in the suit are: Mr Baadom Kpobari Samuel, Okinedo Jacob, Prince Michael Reymond, Segun Tosin Jones, Elijah Moses, Mons Kadubari, Matthew Francis Adigolor, Barinaadaa Godwin Bornu, Kpegara Dewenwin, Moses Owaji-Oniro and Mr Haliday Godspower
Others are: Mr Ereba Kpoobari G., Cletus Nwinka Banuna, Zabbey Paul Dinebari, Legbaa Bright Zaazoo, Baboona John Kpoobar, Dumpe Confidence, Mbari Iyefara Joseph, Ojochide Attah, Aleema Tenalo Alex, Biragbara Barinedum, Moses Bor Dornubari, Victor Baatee Bien, Michael Boonna, Tonubari Kobel, Jumbo Finipiri Edward and George Ezema
The claimants, who worked on the Bodo-Bonny Road project in Rivers State, had sought over N63.2 million in alleged unpaid entitlements, including salaries in lieu of notice, hydrocarbon swamp allowances, terminal benefits, litigation costs and interest.
They argued that the project site was located in a hydrocarbon-polluted swamp environment that posed health risks to workers, prompting demands for hazard allowances and other welfare benefits.
According to the workers, after their demands were not met, they embarked on a strike action which was later suspended following interventions by local authorities. They alleged that Julius Berger subsequently terminated their employment without notice or payment in lieu.
Julius Berger denied the claims, maintaining that no agreement existed for the payment of hydrocarbon swamp allowances and that the workers participated in unauthorized industrial actions contrary to the company’s internal conditions of service.
In his judgment, Justice Kola-Olalere held that the workers’ employment was terminated and not dismissed, noting that the distinction was significant because terminated employees remain entitled to certain benefits.
The court found that the company improperly backdated the termination letters to take effect from September 17, 2021, even though the letters were issued on September 30, 2021. The judge ruled that the practice violated labour law principles, international labour standards and best practices.
Consequently, the court awarded N2, 080, 936. 07 as salaries in lieu of notice and N110, 389. 16 as severance benefits to 25 claimants whose pay slips were tendered in evidence.
The court also awarded N800,000 as general costs.
However, the court dismissed the workers’ claim for N60.83 million as hydrocarbon swamp allowance and N5 million litigation costs, citing lack of proof.
Justice Kola-Olalere ordered Julius Berger to pay the total judgment sum of N2,991,325.23 within 30 days, failing which the amount would attract 10 per cent annual interest until fully paid.