arherfish:
Get a lawyer involved to get to know why your employer are delaying your entitlement and you can also get PENCOM involved. I wish u the best.

Someone advised that i should also contact EFCC. That it is a financial crime. How true is this?

Just 4months? Rivers state government is bin owning gratuity for close to 3years now... Wickedness

lonelydora:


Someone advised that i should also contact EFCC. That it is a financial crime. How true is this?

That won't help and been the fact that you might probably be out of job for sometimes now, you don't need those expenses.

arherfish:

That won't help and been the fact that you might probably be out of job for sometimes now, you don't need those expenses.

Singing Money no bi problem. . I need whatever that can help. I'm ready for the expenses as long as my legal team will claim damages

This is as simple as ABC.

Get a sound/competent lawyer
Write them officially through your lawyer and wait for a response from them.
If they dont respond proceed with legal action by suing them to industrial court.

I have this same case in NIC as i type.

in a lawless country

Failed government. My mum retired from civil service since 2013 and till now she hasn't received her gratuity

chccho:
This is as simple as ABC.

Get a sound/competent lawyer
Write them officially through your lawyer and wait for a response from them.
If they dont respond proceed with legal action by suing them to industrial court.

I have this same case in NIC as i type.

This is the easiest way, but i think it will delay my getting the payoff and i have a deadline for paying ny tuition fees abroad.

If it is winning the case with damages claimed, I am 100% sure i will win.I have 6 sound family lawyers already willing to take up the case. I'm trying to settle amicably so that i get the cash quickly and pay ny tuition.

lonelydora:


This is the easiest way, but i think it will delay my getting the payoff and i have a deadline for paying ny tuition fees abroad.

If it is winning the case with damages claimed, I am 100% sure i will win.I have 6 sound family lawyers already willing to take up the case. I'm trying to settle amicably so that i get the cash quickly and pay ny tuition.

Your deadline to pay tuition fee and settlement from your former employer might not work out as u plan.
These settlement issues take longer than one thinks especially when the employer isnt cooperating. As per winning your case thats quite easy as long as u have enough evidence to prove to the court,but most times the court doesnt pay damages if u cannot validly substantiate the damage cost u are suing for. You have to be able to prove to the court with enough evidence y XYZ damages should be awarded to u.

The only issue here is that court cases in this country takes years (at least 2years) before reaching conclusion which could even be reappealed.

Goodluck

chccho:


Your deadline to pay tuition fee and settlement from your former employer might not work out as u plan.
These settlement issues take longer than one thinks especially when the employer isnt cooperating. As per winning your case thats quite easy as long as u have enough evidence to prove to the court,but most times the court doesnt pay damages if u cannot validly substantiate the damage cost u are suing for. You have to be able to prove to the court with enough evidence y XYZ damages should be awarded to u.

The only issue here is that court cases in this country takes years (at least 2years) before reaching conclusion which could even be reappealed.

Goodluck

This is where I'm having an issue. But the lawyers assured that they can claim damages because i will lose my admission and forfeit the part i made already.

lonelydora:


This is where I'm having an issue. But the lawyers assured that they can claim damages because i will lose my admission and forfeit the part i made already.

U should be ready for the bolded if u proceed to court. As per claiming damages of course your lawyers will tell they can claim damages but it is left to the discretion if the court to grant damages based on the evidence of damages u can place before the court. So what evidence of damage do u have ?

lonelydora:
My former company (names withheld for now) has refused to pay my gratuity close to 4 months now. I voluntarily resigned and wasn't sacked or my appointment terminated.

Yes! I am entitled to payoff according to the company's policy of working for more than 5 years. The HR manager mailed me last year on the amount i should be expecting but didn't state when, even though he orally said i should be able to get it within 1 month of my exit. I have contacted the CEO, HRM and the Finance department through calls, sms, and mails, (because i urgently need the money for my tuition fees abroad) but they have all gone unanswered.

The company did not also remit my deducted pensions to my PFA for more than 2 years, which i told them too.

I am writing this now to seek a public opinion first, before doing a rejoinder in my next post with full details of company names and names of people involved with evidences of mails/sms and their correspondence.

Please lawyers and Labour Leaders in the house, what does the law say about delayed payment of Gratuity?


What steps should i take? I need help.

not remitting your deducted pensions to PFA is a crime punishable by jail sentence. My brother, NL is the wrong place to go now, get yourself a lawyer and sue their ass.

engrobidigbo:


not remitting your deducted pensions to PFA is a crime punishable by jail sentence. My brother, NL is the wrong place to go now, get yourself a lawyer and sue their ass.

I'm on it. Trying to settle it amicably. I gave them deadline shaa.

lonelydora:


If you are a lawyer you are on your way to hitting big money when i do a rejoinder by 15th of this month, if they still do not pay me. I am setting up my legal team for now. I have 6 sound lawyers already. Wanna join them? PM pls.

Others have been advising you go the way of litigation. My dear, it is not the best way putting into consideration other factors you mentioned here.

There are professional arbitrators who can handle this case by sitting in a round-table with the lawyer of the company and arbitration panel and reaching a consensus which will be registered in the Court as an "award" IF there is an arbitration clause in the contract of employment.

However, if there is no such clause, I would advise you make a complaint to the appropriate authority established for that purpose as listed by someone in the first page.

Litigation should be a last resort if you understand the rigmarole that plays out in our court these days

Wisdom and Intelligence are two different things. Can a struggling natural person fight a well-to-do artificial person and not bleed?

Goddys:
Others have been advising you go the way of litigation. My dear, it is not the best way putting into consideration other factors you mentioned here.

There are professional arbitrators who can handle this case by sitting in a round-table with the lawyer of the company and arbitration panel and reaching a consensus which will be registered in the Court as an "award".

Wisdom and Intelligence are two different things. Can a struggling natural person fight a well-to-do artificial person and not bleed?

Thanks. How do i go about it then? It may take time, i might bleed, but at the end i must surely win. Gonna drag their name dirty on social media platforms. I have some stuffs/ documents aganist them tho. I am fully ready for them.

You know the good thing? I'm not gonna spend much. My uncle is a SAN who advises properly.

Just wondering how it all went down. Were you successful in your quest?