Monday, February 12, 2018 2:06 pm
By Daniels Ekugo
A former Sales Manager of CIG Motors Company Limited, Akeem Adeyemi, has dragged the company before the National Industrial Court sitting in Lagos, over his sack.
Adeyemi alleged that he was sacked for protesting racial remarks allegedly made against him by the chairperson of the firm, Mrs Chen Xuixia, a Chinese national.
According to Adeyemi, he was employed by the company on April 21, 2017 and on an annual salary of N2.5million, adding that in July and August 2017, “for no justifiable reason, the defendant illegality deducted the sum of N104,000 from his salaries contrary to the spirit and letters of the Claimant’s employment contract”.
He averred that it was in line with his official duties to prepare monthly sales report and then present it at the office monthly meeting, pointing out that at the monthly meeting of August 2017, after making his presentation, the chairman of the company. Mrs Chen Xuixia, a Chinese, “expressed total disgust in what he referred to as “shabby” presentation and stated in her words that:”Nigerians are not good for anything” and that is why most of my workers here are Chinese.”
Adeyemi averred in the affidavit that it was unfair to make such a generalized statements about Nigerians, “while Mrs Chen Xuixia got angry as a result of his protest and terminated his employment unfairly and unjustly”.
He is contending that his employment was terminated without recourse to the notice period stated in his contract of employment, adding that his disengagement was unfair, unlawful and ought to be declared wrongful.
According to Vanguard Report, he is consequently praying the court to declare that the purported termination of his employment with the defendant via a letter dated August 31, 2017 based on the protest against certain racial comments of the defendant. Mrs Chen Xuixia, is illegal, malicious, and wrongful.
*A declaration that the deduction of 25 percent from the claimant’s salary for the months of July and August amounting to N104,000 is unfair, unlawful, illegal.
*A declaration that the defendant breached the claimant’s right to freedom from discrimination as provided for under Section 42 of the Constitution of the Federal Republic of Nigeria Cap C23 LFN 2004.
*A declaration that the deliberate refusal of the defendant to remit the claimant’s pension contribution from April 2017 to August 2017 is unlawful and a violation of the provisions of the Pension Reforms Act 2014.
*A declaration that the deliberate refusal of the defendant to remit the Personal Income Tax monthly deductions made from the Claimant to the Lagos State Internal Revenue Services, is unlawful, and a violation of the provisions of the Personal Income Tax Act Cap P8 LFN 2004.
*A declaration that the Claimant is entitled to the sum of N208,000 being his outstanding entitlements.
*An order compelling the defendant to remit the claimant’s pension contribution from April 2017 to August 2017 to the Claimant’s Retirement Savings Account.
*An order compelling the defendant to remit on behalf of the Claimant her monthly tax deductions from April 2017 to August 2017 to the Lagos state Internal Revenue Service.
*An order compelling the Defendant to pay to the claimant the sum of N208,000 being his outstanding entitlements.
*An order awarding N750,000 being the cost of this action to the claimant.