information that determines entitlement leaving the Claimant with no
meaningful way to meet his burden of proof.”
29. It follows therefore that once the claimant makes out a prima facie case of
entitlement to pension, by proof of employment but lacks access to the key
information needed to substantiate his claim same being in the control of
Respondent, such claim cannot fail due to being unsubstantiated. This is more so
where there is no indication that the employees were informed at the time of
employment to keep record of their contribution for retirement. It is a recognized
fact that salary records and computations matrix are in the normal cause of events
in the custody and preserve of the employer in this case the Respondent who
unfortunately neglected to put up a defense. The burden to provide records of the
pension entitlement of the Applicant having shifted to the Respondent, the
Applicants are exonerated from proving their entitlement.
30. The Court notes from the list of some of the pensioners or disengaged staff on
page 622 to page 777, 779 &787 of the originating application that all Applicants
are not on the same grade level neither is the years of service the same. Life
pension becomes payable after 10 years of service. In that wise a generic pension
payment cannot be drawn up. It is therefore not possible for this court to
determine or compute the actual amount due to each Applicant in the absence of
further documents.
31. As already pointed out above, pension is money earned and a property right
vested in the employee based on the number of years of service. Based on the
privatization scheme, all the Applicants were compelled to exit the service
prematurely with the attendant consequences that some of the Applicants may be
denied pension entitlements having not attained the statutory year in service for
life pension benefits.
Any person that takes up a pensionable employment is assumed to have a
legitimate expectation for the payment of pension upon retirement therefrom.
The concept of legitimate expectation is premised on fairness and reasonableness
to a situation where a person has an expectation or interest in a public body or
private parties retaining a long-standing practice or keeping a promise.
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