A former staff of CIG Motors Limited, sole distributor of GAC brand of vehicles in Nigeria, Akeem Adeyemi, has dragged the company to court over his sack. Adeyemi, who was a Sales Manager with the company, dragged the company to the National Industrial Court in Lagos to protest his sack which he alleged was a result of his protest against racial remarks made against him by the chairman of the firm, Mrs Chen Xuixia, a Chinese national.
The defendant who is into motor vehicles dealership, assembly and human resource consulting and development in Nigeria, according to the claimant, employed him on April 21, 2017 and on an annual salary of N2.5million but in July and August 2017, for no justifiable reason, the defendant illegally deducted the sum of N104,000 from his salary contrary to the terms of his letter of his employment .
He averred that it was in line with his official duties to prepare monthly sales report and then present it at the office’s monthly meeting and at the monthly meeting of August 2017 after making his presentation, Mrs Chen Xuixia expressed total disgust in what she referred to as “shabby” presentation and added that “Nigerians are not good for anything and that’s why most of my workers here are Chinese.”
In the affidavit in support of the suit, Adeyemi averred that when this statement was made, he protested and stated that it was unfair to make such a generalization about Nigerians and Mrs Chen Xuixia got angry and ordered that his appointment be terminated immediately.
Adeyemi, in the suit, is therefore contending that his employment was terminated without recourse to the notice period stated in his employment contract, saying the termination of his employment was unfair, unlawful and ought to be declared wrongful.He is consequently praying the court to, amongst others:
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 slurs of the defendant, Mrs Chen Xuixia, is illegal, malicious, and wrongful
Declare that the deduction of 25 percent from his salary for the months of July and August amounting to N104,000 is unfair, unlawful, illegal; declare 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
Declare 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
Declare that the deliberate refusal of the defendant to remit the Personal Income Tax monthly deductions made from the Claimant salary 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
Declare that the Claimant is entitled to the sum of N208,000 being his outstanding entitlements.
Compel the defendant to remit the claimant’s pension contribution from April 2017 to August 2017 to the Claimant’s Retirement Savings Account.
Compel the defendant to remit on behalf of the Claimant his monthly tax deductions from April 2017 to August 2017 to the Lagos State Internal Revenue Service
Compel the defendant to pay to the claimant the sum of N208,000 being his outstanding entitlements.
Award the sum of N750,000 being the cost of this action to the claimant.