PENSION: Position of the law with regards to payment of pensions and gratuities  


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19/10/2018 10:56 am  

 "I have not also seen where the Appellant led evidence to establish her calculations, and the claim that she was short paid (or under paid) her gratuity by over N250,000.00. She had earlier hinted in Exhibit B4, that her salary was grade level 5.2 not 5.1, and so her annual total package was (not N334,024.37 proposed by the Exhibit B3, as her gratuity).

The Respondents did not react to the Appellants claims in Exhibit B4, and as long as no reconciliations were made in that regard, Appellant, certainly, had difficulties establishing the reliefs (b) and (g) as to the alleged N250,119.24 under payment. The findings of the trial Court thereon cannot be faulted, when it said: His calculations were therefore inaccurate, since they did not take into account modifications to Exhibit A.

I therefore cannot conclude that the Plaintiff's gratuity was under paid and that she is entitled to the sum she is claiming for... The Plaintiff not presented evidence to the effect that her pension payments, when they become due for payment are to be progressive and ought to reflect salary increments made to officers of the category at which she retired as she has claimed. It is trite that civil Suits are decided on the balance of probabilities.

Having placed the evidence adduced by the Plaintiff and the Defendants on the imaginary scale of justice... it tilts in favour of the Defendants... Consequently, the Plaintiff's claim fails and this Suit is dismissed." (See pages 284 - 285 of the Records). It is not for an employee to establish what are his entitled salary and other remunerations, as that appears to be within the domain of the employer, except and until the employee is paid by the Employer, as per their agreement. It is then that the employee can have something to produce (the last pay slip) as evidence to establish his claims as to the prevailing pay package."



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