Former Sales Manager of CIG Motors Limited, dealer in GAC brand of automobiles, Akeem Adeyemi, has dragged the company before the National Industrial Court sitting in Lagos, over his sack on account of his protest against racial remarks allegedly made against him by the chairperson 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 spirit and letter of his 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’s monthly meeting and at the monthly meeting of August 2017 after making his presentation, the chairman of the company. 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.”
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 generalization about Nigerians and Mrs. Chen Xuixia got angry.
According to him, there and then, she terminated his employment.
Adeyemi is contending that his employment was terminated without recourse to the notice period stated in his employment contract adding that his disengagement was unfair, unlawful and ought to be declared wrongful.
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 slurs of the defendant, Mrs. Chen Xuixia, is illegal, malicious, and wrongful.
Adeyemi also wants the court to declare as unlawful and unfair the deduction of 25 percent from his salary for the months of July and August amounting to N104, 000 is unfair.
He also praying the court among other things to 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.
Also, that the deliberate refusal of the defendant to remit his pension contributions from April 2017 to August 2017 is unlawful and a violation of the provisions of the Pension Reforms Act 2014.
Other reliefs be sought by the claimants are: A declaration 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.
Adeyemi also seek the court to declare that claimant is entitled to the sum of N208,000 being his outstanding entitlements, and order compelling 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.