SAN FRANCISCO, February 10, (THEWILL) – Akeem Adeyemi, a former Sales Manager of CIG Motors Limited, a dealer in GAC brand of automobile, has dragged the company before the National Industrial Court sitting in Lagos, over his sack on account of his protest to a racial remark made against him by the Chairperson of the firm, Mrs Diana Chen Xuixia, a Chinese national.
Adeyemi said he was employed on April 21, 2017 and was on an annual salary of N2.5millioon but in July and August 2017, the company illegally 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 and at the monthly meeting of August 2017, after making his presentation, Xuixia, expressed total disgust in what she 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 in support of the suit that when this statement was made, he protested and stated that it was unfair to make such a generalized statement about Nigerians adding that Xuixia got angry as a result of his protest and there and then terminated his employment.
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.
He is praying the Court to declare that the purported termination of his employment with the defendant, via a letter dated August 31, 2017, based on his protest against the racial comments of Xuixia be declared as illegal, malicious, and wrongful.
Among other things, he is seeking for:
*A declaration that the deduction of 25 percent from his salary for the months of July and August, amounting to N104,000, is unfair, unlawful, illegal.
*A declaration that the defendant breached his 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 his 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 to him the Personal Income Tax monthly deductions made 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 he is entitled to the sum of N208,000 being his outstanding entitlements.
*An order compelling the defendant to remit his pension contribution from April 2017 to August 2017 to his Retirement Savings Account.
*An order compelling the defendant to remit on his behalf the monthly tax deductions from April 2017 to August 2017 to the Lagos state Internal Revenue Service.
*An order compelling the Defendant to pay him the sum of N208,000 being his outstanding entitlements.
*An order awarding N750,000 being the cost of the court action to him.