₦airaland Forum

They are still on this issue?

Total was very hurt over this issue, they had to relocate a whole MD ( Elizabeth Proust) over this issue.

Nicolas Terraz will not behave himself now and cooperate. Until people start shouting solidarity on top platform before you will behave abi?

She should move on now.

guys the Trade union act law allows a staff to join the trade union and an agreement by international labour organization in which Total is a signatory also allows her the right to join. We should not encourage lawlessness by these oil giants. If you want to operate in Nigeria, you should obey the laws of Nigeria. Let us not encourage lawlessness in our country no matter who is involved.

Is this woman based in nigeria? Abi she just waka come.

The trade union law also states that if a staff becomes an executive of the trade union, the company should grant them leave for the period they are in office. Total is privy to this law and should are subject to it.

wirednigeria:
5th September, 2018.

AN OPEN LETTER TO THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA.
Attn: President Muhammadu BUHARI GCFR
“SAVE THE SOUL OF COMRADE ELO VICTOR-OGBONDAH”

His Excellency Sir,
• I the undersigned wish to intimate your Excellency of the misdeed that Total E&P Nig. Ltd. has perpetrated to myself and members of my immediate family.
• I view this as a clear case of victimization and intimidation attributable to the fact that I am a woman who has done all within her means to advocate for better welfare of the downtrodden.
• I worked as a contract staff in Total E & P Nigeria limited, for eight years before I was employed as a full-time staff of Total E & P Limited (hereinafter referred to as “the Company”) on the 25th of September 2008 and I have worked meritoriously for the Company since then.
• The extant laws of the Federal Republic of Nigeria (particularly the Trace Union Act) allow staff members of the Company to join Trade Union and participate in Trade Union activities. I decided to join a Trade Union, the Petroleum and Natural Gas Senior Staff Association of Nigeria, PENGASSAN (hereinafter referred to as “the Association”) two years after my employment.
• In June 2014, I was elected as a National Executive of the Association to serve as the Zonal Secretary of the Port Harcourt Zone of the Association.
• Sir, the Company’s policy and the Collective Agreement signed by the Association and the Company stipulates that the Company will not be against any staff who wish to join the Association and that any staff who has official duties to carry out in the Association will be given leave of absence with pay to attend to such official duties.
• However, in my case, the Company was clearly against my joining the Association and taking up official duties in the Association clearly because I am female. They rather approached me to sponsor a man for that position. We all went into the contest, which I won. Ever since then, the management of the company has never allowed me to rest; they did everything within their disposal to traumatize and victimize me.
• In clear breach of the Trade Union Act, the Collective Agreement and the Company’s Policy, I was transferred from the Port Harcourt to the Lagos within the same Company, (in August 2014, immediately after I was elected to serve as Zonal Secretary of the Port Harcourt Zone of the Association) in other to prevent me from taking up the official duties in the Association which I was elected into; and to frustrate me out of the Association and all other Union Activities.
• This was done against the grain of the Company’s policy, which stipulates that the company must discuss with and/or inform a staff who is to be transferred before such a transfer can be effected, the company transferred me without discussing with me. The said transfer letter was sent two (2) days AFTER I was supposed to resume, showing clearly that it was a desperate effort to victimize me and prevent me from taking up Union Executive activities.
• The attempt by the Company to prevent me from taking up official duties as an elected executive of the Association and frustrate me out of Union activities caused a massive fallout between the Company and the Association; and in November 2014, the Association called a nationwide strike that grounded the entire oil and gas sector in Nigeria.
• The then President of the Federal Republic of Nigeria had to wade into the issue and mandated the relevant government ministers and heads of parastatals to take steps to settle the issue.
• A conciliatory meeting was held on the 18th of December 2014 where the Minister of Labour, the representative of the Minister of Petroleum Resources, the representatives of Nigerian National Petroleum Corporation, NNPC, Total E & P Limited, Petroleum and Natural Gas Senior Staff Association of Nigeria, PENGASSAN, were in attendance and signed an Agreement/Memorandum of Understanding.
• In the said Agreement/Memorandum of Understanding, the company agreed to give me a three (3) years Leave of Absence to enable me take up responsibilities as an elected executive of the Association at the Port Harcourt Zone of the Association and the Company also pledged in the said agreement to reabsorb me to resume duties at the Company at the expiration of my three (3) year tenure as a National Executive of the PENGASSAN.
• In the letter granting Leave of Absence to me, the company was in denial of their own leave of absence; it was stated clearly that the said Leave of Absence is a special one and not strictly hinged on the Company’s Policy; therefore, I was paid only my basic salary which is a paltry sum compared to my total emolument which according to the Company’s policy I would have been entitled to, during the said Leave of Absence. Sir, the Company’s policy actually provides for Leave of Absence with full pay; this was denied me on the condition that mine was a special kind of Leave of Absence not hinged on the Company’s policy.
• When I got the letter granting me the said Leave of Absence. I sought clarification from the company on the point that touches on the company policy: I wanted to know how I will be granted a leave of absence which states that same is not strictly hinged on the company’s policy and yet be asked to sign that I will adhere to a company policy. I wanted to know everything that will guide this special leave of absence or if I am to adhere to some aspects of the existing one, since the company has stated that my leave of absence is not hinged on the existing company policy. I was never given audience to discuss and clarify this point even after trying severally.
• I received a letter dated August 8th, 2016 from the Company about one year to the expiration of my Leave of Absence instructing me of a resumption date of August 7th 2017, without any option to extend. I acknowledged the said letter.
• It was then indeed shocking when I received a letter of purported termination dated the 19th of July, 2017, in clear breach of the aforesaid Memorandum of Understanding. Strangely the reason given in the purported termination letter was that I breached the Company policy; the same subsisting company policy that was denied in that letter granting my Leave of Absence. No one would have imagined that Total E & P Limited will deliberately flout a subsisting agreement, thereby putting the company’s business reputation at stake and risking the entire business environment with reckless abandon.
• This purported termination, just like others before it, and the transfer orchestrated to prevent me from taking up Union Executive duties, was done without the basic, universal and fundamental principle of fair hearing which a company like Total E &P Limited should be known for.
• The Association (PENGASSAN) intervened immediately and was able to establish that the termination was illegal, done clearly to settle old scores with me (by punishing me for joining a Trade Union and taking up executive responsibilities, which the Company did not want me to do). Total management could not provide any reasonable ground why I was terminated but behind the scene, they referred to the fact that their company ego was affected by the 2014 strike.
• Relevant stakeholders had to intervene to get both the Company and the Association on the negotiation table. The Company later requested that they should be allowed to continue, the “off table discussion they were having with the Chairman of Total E & P branch of the Association”, this was granted. As a middle point, The Company finally requested that the Association come up with a proposal to settle the issue amicably. The Association then calculated a certain amount of money to be paid to me using a formula that the company has hitherto established for one of its employee in similar circumstances.
• However, the Company refused to go through with the off the table negotiations they requested with the Total Branch Chairman of the Association. The Company’s refusal to adopt this precedent in settling me is also clearly punitive and an act of victimization and vindictiveness.
.
• The Company rather chose to approach the Federal Ministry of Labour and Employment for settlement of this issue, requesting for a guideline and after several conciliatory meetings between me, the Company and the Association, the Minister of Labour and Employment via a letter dated the 29th March 2018 with Ref No: MLHB/7586/T/29 and addressed to both the Managing Director of the Company and the General Secretary of the Association, signed for the Honourable Minister of Labour & Employment by the Director of Trade Union Services and Industrial Relations, conveyed the decision reached by the Minister acting as a conciliator between the association( on my behalf) and the Company, on the issue of the said wrongful termination and the benefits/damages accruing therefrom.
• The Company, the Association and myself were all parties and present, in the meetings where the Ministry mediated and reached the decision contained in their letter of 29th March 2018. Once again Total failed to obey the directive from the ministry it initially ran to for succor and insisted on getting a directive, which both parties came back for in the following meeting.
• The Company turned around to complain about the directive to the same Ministry they insisted should give a directive. All entreaties made to the company to pay me my entitlement as awarded by the ministry fell on deaf ears. It became obvious that the Company only wants to accept decisions that favours their envisaged result.
• The said sum recommended by the Ministry was less than the sum (s) demanded by the Association on my behalf. In fact, The Company approached the Ministry for a downward review of the sum demanded by the Association and indeed they succeeded because the sum was reviewed downward.
• They have consistently threatened, that I will become history before getting whatever is due me, citing cases between the IOCs and their employees that ended after the employees were already dead. Boasting of their ability to buyout any organization or umpire that I will take this case to, as well as their strength in your government. In their own words they claim, “this is our government”.
• It has been over a year now, they have been delaying this payment in every way possible despite being aware of my health conditions. They stopped paying my medical bills since 2014 despite the reconciliatory meeting and agreement. I consistently borrowed money to cater this, but this has further deteriorated.
• I have no doubt that this ill action was melted out to me because I am a Nigerian woman, Total cannot certainly do this in their homeland in France to their citizen most especially when she is a woman.
• This letter is my last hope of seeking redress despite the threat by some directors within the company claiming that I cannot get justice anywhere as they are in control of all facet of government (Executive, Legislature and Judiciary including the press).
• I made up my mind few days ago to write this; damning their threat because I believe Your Excellency sir, that as a man of integrity who has fought tirelessly for the masses, you cannot be corrupted by Total to obstruct justice.
• I hereby pray the President to use your good office to come to the aid of this “poor woman”, by causing the Company to respect to the decision of the Federal Ministry of Labour, which is to pay the amount advised by labour, as a result of their appeal to the ministry. This is supposed to be my entitlement for wrongful termination, computed using the precedent existence in the company. To enable me take care of my medical bills and to move on with my life.
Be assured of my esteemed regards.
Sincerely,
Elo Victor-Ogbondah, Mrs

https://wired.ng/opinion/open-letter-to-buhari-save-the-soul-of-comrade-elo-victor-ogbondah/

... Which Buhari is she talking about, is it the one she's been blaming for Nigeria's problem?

Total give the Lady her 300 or 400 mills, its her money jo.

This company is so so heartless! Why will they do this to her PENGASSAN coukd t fight fir her. Even after Labour settled the matter. Nigeria government should wade in. I just pity this lady. This is wrong!!

Please Total E&P shud just employ me....I will not join any union at all.... See job wey most Nigerian de pray for. She was even a full staff. Smh

it's shame to see our teaming youth whiling away their time writing & talking sarcastically on social media instead of using their God giving time productively! "the subject" is a woman with impeccable character who has tor the line of justice & has stood for what she believe,giving all those who has worked with her, both far & near an equal platform representing the warfare of workers!
we must join hands collectively & put to a stop the wrongs perpetrated by this multinationals...

Most Nigerians have slave mentality. Poverty has made them not to know or appreciate their rights probably because of years of military rule.
Just look at the comments up there and you will see them.
There are rules which this company signed up to, so why will they not follow them? Its comments from some of those people up there that actually encourage these multinational companies to act with impunity.
There are labour laws and these laws must be adhered to else we are nothing but a banana republic.

Employers are known to screw workers over. Its the way of the world. Its only when they meet their match that they will call all their lawyers to help them find out how to beat the system. I wish Nigerians could sue employers more often.

I know this woman back then during my IT for Total, she's one strong Ikwerre woman more like an activist. This case don long wella

U chose a union post over your job.U took 3years leave of absence to do union job? And Total was paying u? U have no case madam. I don't know what to say. Has nothing to do with your gender

Why would someone after spending these Years in an organisation be denied her rightful entitlement, how does unionism affects her employment status and also deprives her from getting her entitlement? Let's be open when dropping our comments The above said company has every ability to payup her entitlement instead of inflicting more pains. I suggest we should make sure this message is not twisted by some payed and hungry people who would collect peanuts just to ensure others get hurt. She deserves justice, she deserves her entitlement.

Jaynaira:
U chose a union post over your job.U took 3years leave of absence to do union job? And Total was paying u? U have no case madam. I don't know what to say. Has nothing to do with your gender

I am kind of surprised at your comment, I know everyone is entitled to his or her opinion, been a union executive or a member does not make you an enemy Of The company. There is a union that speaks for you. Does that deprives her from getting her entitlement? Let's call a spade a spade, we should be able to stand for the truth when we see something fishing

12inches1:
Employers are known to screw workers over. Its the way of the world. Its only when they meet their match that they will call all their lawyers to help them find out how to beat the system. I wish Nigerians could sue employers more often.

I suggest this letter should not be just for the president but other bodies fighting against corrupt practices should be copied, this is the peak of corruption, where are the human right activist?

omoadeleye:
The company you are working for and paying you is against your wish to join any associations and yet you want to go against their will, you are a goat

I forgive & pardon your ignorance.

This woman has a very valid case at hand.
Go and ask anywhere, when it comes to PENGASSAN & NUPENG there is a policy agreed upon by all IOCs, any union executive is rightfully excused and permitted to attend union meetings and still gets all entitlement due to him/her while he/she is away on Union assignment.

Do you know how many times my immediate boss has gone on union assignments. In some instances he goes for almost a week without being questioned, even though he gets to attend to his mails from there.

Now for national executives, the company is obliged to giving that employee a leave of absence with full pay.

This is a long established policy, the woman is not asking for anything out of the world.

Let me tell you, someone somewhere is playing power politics. There is more to the whole saga than just the union/leave of absence thingy.


I repeat the woman has a very strong case. This is an environment i know too well. Let's keep it at that before my oga at the top says something else.

wirednigeria:
The trade union law also states that if a staff becomes an executive of the trade union, the company should grant them leave for the period they are in office. Total is privy to this law and should are subject to it.

That is true, I believe this is share wickedness and corrupt practice, its a taboo for a company's judgement to superceed that of it's ministry that allowed it's operation. To what end are we fighting against corruption? Let this woman be paid her entitlement

wirednigeria:
guys the Trade union act law allows a staff to join the trade union and an agreement by international labour organization in which Total is a signatory also allows her the right to join. We should not encourage lawlessness by these oil giants. If you want to operate in Nigeria, you should obey the laws of Nigeria. Let us not encourage lawlessness in our country no matter who is involved.

She knew her employers were against it. Even if u must join,must u put yourself up for election,knowing your company frowns at your membership in the first place? U have passion for unionism,why not choose one?The next step she took was to request 3years leave of absence with full pay..Reason...She prefers to work for union than for the company that pays her bills. How does that sound to u? The thing about rights is that where ones right stops,another's own starts. She pushed her unionism too far...

Total cannot donthis in France yes they cannot. The French have one of the strongest unionnin the world. They cannot do this in there country. It’s because the Nigerian government is so weak. This should never be allowed to stand. No no no

Maryright:
I am kind of surprised at your comment, I know everyone is entitled to his or her opinion, been a union executive or a member does not make you an enemy Of The company. There is a union that speaks for you. Does that deprives her from getting her entitlement? Let's call a spade a spade, we should be able to stand for the truth when we see something fishing

Mary,in these times,stubbornness doesn't help. She saw all the signs that trouble was looming. She put herself in the box where she presently is. I know the massive financial advantages that come when unions are involved in negotiations. I know the benefits of being a union executive. Most times these benefits dwarf the so called salaries these IOCs pay. Question is,the company made it clear she had to choose one. They even posted her to Lagos so she could read the handwriting. How did she react? She requested for 3yrs leave of absence to return back to PH to do the same union work. She made her choice long ago...she did.

Jaynaira:
She knew her employers were against it. Even if u must join,must u put yourself up for election,knowing your company frowns at your membership in the first place? U have passion for unionism,why not choose one?The next step she took was to request 3years leave of absence with full pay..Reason...She prefers to work for union than for the company that pays her bills. How does that sound to u? The thing about rights is that where ones right stops,another's own starts. She pushed her unionism too far...

Nigerians why?? Where have we gotten this all wrong? Can't you read the letter, they dropped her, why not pay her?? They have succeeded in relieving her from her duties as a worker then pay her the due entitlement, what has unionism gotten to do with that? The union and the ministry said pay, is TOTAL bigger than Nigeria? Let's be frank please

Tantalizing1000:
Total cannot donthis in France yes they cannot. The French have one of the strongest unionnin the world. They cannot do this in there country. It’s because the Nigerian government is so weak. This should never be allowed to stand. No no no

They cannot do and would not even think of doing it. Why have we sold our conscience to money and power

Jaynaira:
Mary,in these times,stubbornness doesn't help. She saw all the signs that trouble was looming. She put herself in the box where she presently is. I know the massive financial advantages that come when unions are involved in negotiations. I know the benefits of being a union executive. Most times these benefits dwarf the so called salaries these IOCs pay. Question is,the company made it clear she had to choose one. They even posted her to Lagos so she could read the handwriting. How did she react? She requested for 3yrs leave of absence to return back to PH to do the same union work. She made her choice long ago...she did.

Do you suggest, it is proper she has not been paid her entitlement? If they were told to pay while are they holding back, what is the motive? Why the treat? They use money to make us treat ourselves badly and why is it so? They should pay her and let her go

springtech:
I forgive & pardon your ignorance.

This woman has a very valid case at hand.
Go and ask anywhere, when it comes to PENGASSAN & NUPENG there is a policy agreed upon by all IOCs, any union executive is rightfully excused and permitted to attend union meetings and still gets all entitlement due to him/her while he/she is away on Union assignment.

Do you know how many times my immediate boss has gone on union assignments. In some instances he goes for almost a week without being questioned, even though he gets to attend to his mails from there.

Now for national executives, the company is obliged to giving that employee a leave of absence with full pay.

This is a long established policy, the woman is not asking for anything out of the world.

Let me tell you, someone somewhere is playing power politics. There is more to the whole saga than just the union/leave of absence thingy.


I repeat the woman has a very strong case. This is an environment i know too well. Let's keep it at that before my oga at the top says something else.

You are very correct, lets ensure that her plea get to the right quarters this is pure victimization

Odeelav:
Nigerians why?? Where have we gotten this all wrong? Can't you read the letter, they dropped her, why not pay her?? They have succeeded in relieving her from her duties as a worker then pay her the due entitlement, what has unionism gotten to do with that? The union and the ministry said pay, is TOTAL bigger than Nigeria? Let's be frank please

She sacked herself. Now to the pay issue,she should be paid what is due to her. This isn't time to fight for massive payout. The issue seems to be about the figure she is to be paid. She wants more,the company wants to pay less probably because of what they lost during the strike union instigated on her behalf. Its isn't the normal severance package issue again,its now a special case. Huge money was lost because of her actions and inactions. She should be ready to share the loss,take a lower cut and move on with her life. Again,if she still chooses to haggle over figures,I wish her good luck. All these would never have happened if she just stuck to her job. In office circles, we call it loss of passion. She lost passion for the job#bittertruth.

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Fabulousfinite:
Madam Elo Victor-Ogbondah, accept this in good faith. What goes around comes around.

You have forgotten the law of karma. A man reaps whatsoever he sows.

At our various union meetings where the excos from the zone (PH zone)which you are part of always want to sign with a golden pen (meaning management should grease your palms because you have done well in their favour) leaving us the workers to groan in pain while leaving the venue.

When we had issues with our contract the zone was actively involved. You had a greater role because by the virtue of your position at the zone you were also a national executive. But you SOLD us out.

You BETRAYED us. In that meeting in PH you single handedly argued redundancy in our favour almost shedding tears but the GMD called you while the meeting was on going, after the call you adjourned the meeting for the following day.

By the following day the deal has been struck. She told us that there was nothing like redundancy and that we should accept whatsoever was offered otherwise we would lose all and nobody can stand for us even the union we belong to. It was then we understood what has transpired.

Not to bore my fellow nairalanders, because we can not cry over spoilt milk. When our lay off letters were released it was boldly written REDUNDANCY.


My dear Elo accept what you have been given because many Nigeria workers have suffered similar fate if not worse under the watchful eyes of those we call our union leaders (NUPENG and PENGASSAN alike).

My regards to Azubike Azubike the chairman, Chida, and the host of others. You guys did well. Always shuttling meeting and negotiation venues because of sitting allowance.

Sorry for all typographical errors.
Perfectly understand you, but why is this coming up at this time, she is making a plea, and how has this gotten with her not been paid her entitlement? Or is there something else we do not know?

Jaynaira:
U chose a union post over your job.U took 3years leave of absence to do union job? And Total was paying u? U have no case madam. I don't know what to say. Has nothing to do with your gender

But if the company policy is to pay while serving in the union, why would say she has no case? Read the last part of her letter... She is only fighting for her exit package

Throwback:
So you like company money and allowances, but wanted to become unproductive to the same company with a 3yrs leave of absence and still expected full pay?

You finally became full staff after working as a contractor and felt the next goal is to be lazy on a robber's salary? Imagine a whole Total salary just lost because of unionism?


Nigeria's oil industry has the most pampered set of
trade unionists.

Anyway she tried to do what most do by joining unionism, which is to cement their longevity in the company especially when layoff season comes around. I'm her own case, it backfired.


By the way, Total can afford to pay any money previously agreed upon. Someone is just hell bent on punishing this staff. And they only realised she breached company rules after she had been notified of her upcoming resumption 1yr ahead of due date?

As per your first paragraph... If that's company policy, I don't see anything wrong in it