The forum also passed a vote of NO CONFIDENCE on both NUEE/SSAEC. Consequently, the Bureau was adviced to desist from dealing with the above unions on their behalf on the above issue or any others that bother on their welfare except with their express permission emphasising once more that they have ceased to be members of NUEE/SSAEC by virtue of their disengagement from the service of PHCN.
Prominent in the letter also are demands for immediate payment of the following abandoned entitlements: 7.5% Employer/Federal government pension counterpart fund, 10% equity share meant for staff of PHCN, Disengagement Training Allowance, 16 months outstanding arrears and 13 months outstanding arrears (the 13 months arrears was peculiar and accrued to staff of Kaduna Zone only owing to the fact that the company was privatised one year after others across the nation).
BELOW IS THE FULL TEXT OF THE LETTER AS EXCLUSIVELY OBTAINED BY thenewinsightng.blogspot.com.
1.0 BACKGROUND
1.1 *We, the above named Registered Forum, stands in the gap to defend and propagate the interest of our members who were disengaged from the services of both Power Holding Company of Nigeria (Kaduna Distribution Company) and Kaduna Electric, covering Kaduna, Zamfara, Sokoto and Kebbi States. *
1.2 *The Director-General is invited to know that in 2013 when the Bureau of Public Enterprises (BPE) issued Severance Pay Advice/ Payment of Terminal Benefit to the over 50,000 NEPA/PHCN staff across the nation, it was observed that the exact years of service put by most if not all staff who are currently our members under the then Kaduna Electricity Distribution Company did not count in the final computation of their Terminal Benefits.*
1.3 *The complaint was at that time and subsequently brought to the attention of the two in-house unions namely: NUEE/SSAEC who were the principal negotiators and representatives of the entire work force before the disengagement of our members but no concerted effort at genuinely resolving the issue was made even as we write.*
1.4 *Other benefits as captured in Summonu’s Report which formed part of the basis for severance of our members who were then staff of Kaduna Electric but were abandoned three years on includes:*
(a) 7.5% Employer/Federal government pension counterpart fund
(b) 10% equity share meant for staff of PHCN
(c) Disengagement Training Allowance
(d) 16 months outstanding arrears
(e) 13 months outstanding arrears (the 13 months arrears was peculiar and accrued to staff of Kaduna Zone only owing to the fact that the company was privatised one year after others across the nation)
2.0 THE SPIRIT OF PHCN CONDITION OF SERVICE, 2010
2.1 *Section 13.2.20 of the PHCN Condition of Service 2010 states inter alia, “where an employee holding a temporary or contract appointment transfers to a permanent one, the period during which he was on such an appointment will count in full for the purpose of calculating his pension and gratuity provided that he did not receive any extra pay in the form of contract gratuity while holding the temporary appointment.” The above provision is weighty enough for the unions in the power sector to have prevailed on BPE and others responsible for the computation of the entitlements of our members to do the needful but that opportunity was denied.*
3.0 CESSATION OF MEMBERSIP OF NUEE/SSAEC
3.1 *You may wish to know also that the membership of our members who were staff to the privatised Kaduna Distribution Company and members of NUEE/SSAEC automatically ceased on the 30th day of June, 2012 being the terminal date of payment of benefit of staff, as captured in Severance Benefit Advice (Statement of Final Claims), dated 10th June 2013, signaling final exit of the employees’ from union activities and end of the employees’ appointment with the former PHCN Management and the Unions (NUEE/SSA) respectively.
3.2 *The end of unionsim in the pre-privatised power sector was solemnly celebrated between 30th November- 4th December, 2014 when Kaduna zone which was the last company to be sold was handed over to the new owners. The above exercise resulted to the issuance of Letters of Disengagement from Service by PHCN Management to our members, just as it was done nationwide.
4.0 VOTE OF NO CONFIDENCE
4.1 *It is evident from the above that our members are not employees of any sector in the power industry thus; have ceased from enjoying the benefit of membership of either NUEE or SSAEC. It was on this premise that we inform you that our members do not have implicit confidence in the two in-house unions in the power sector namely: NUEE/SSAEC at the moment. Consequently, we implore your good office to desist from dealing with them on our behalf and on the above issues or any other that bother on our welfare except with our express permission.*
5.0 PURPOSE OF THIS LETTER
5.1 *The purpose of this letter is to implore the Director General of BPE to put in place immediate machinery aimed at working out re-imbursement in the observed short fall in the payment of Severance Package and the above benefits as contained in items a, b, c, d of 1.4 to our members under Kaduna Electricity Distribution Company covering, Kaduna, Zamfara, Sokoto and Kebbi States.*
6.0 OUR CONVINCTION
6.1. *It is our conviction that our members who were employees of the then PHCN/Kaduna Electric discharged their responsibilities diligently at that time in accordance with the PHCN condition of Service, 2010. Therefore, a labourer deserves his wage and terminal benefits in full.*
7.0 SUMMARY AND PRAYER
You are graciously entreated to use your good office to:
7.1 Ascertain whether the years of service put by our members counted in the computation of their Severance Benefits in accordance with PHCN condition of Service 2010 and Summonu’s Report.
7.2 Release forthwith the Template deployed in the computation of the Severance Benefits of our members to ascertain if it reflected the overall interest of all.
7.3 Determine whether payment of our members possibly from 2007-2012 or from any other year reflects the decisions in Summonu’s Report and the provision of section 13.2.20 of PHCN Condition of Service, 2010.
7.4 Establish whether any other ex-PHCN staff benefited from their entitlements in accordance with their years of service except our members.
7.5 Give all our members the opportunity of further verification to ascertain the above claims.
7.6 Immediately arrange for payment of items a, b, c, d in 1.4 above, the short fall and other outstanding benefits if any.
7.7 Hence forth relate with this Forum in addressing the issues afore stated
*TAKE NOTICE* that, if by the close of business on 12th December, 2016, our demands are not acceded to; we shall be compelled to seek appropriate redress without further recourse to you. This is respectfully submitted for your information and further necessary action. Kindly accept the assurances of our most humble and best regards.*
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