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My Brother's Company Takes Him To Court Because He Resigned - Career (6) - Nairaland

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Re: My Brother's Company Takes Him To Court Because He Resigned by ike95: 2:44pm On Jun 29, 2021
Aurelius1:
If you have nothing sensible to contribute just stay silent , read and learn.
ok Sir
Re: My Brother's Company Takes Him To Court Because He Resigned by integridad: 2:56pm On Jun 29, 2021
.
Re: My Brother's Company Takes Him To Court Because He Resigned by Nobody: 3:03pm On Jun 29, 2021
Speeddial:
I am writing this because I feel the management of this company is a group of people who do not want its workers to succeed.

My brother worked for this company for about 5 years, and within these 5 years, salary has never been consistent.

At times they may even stay up to six months before they pay one month

Even when his wife gave birth he met with them and asked them to help him with little money to cushion the cost of the hospital bills, but all to no avail.

Not only the fact that they were not paying salaries, but they were not also remitting his pensions.

You know what that means, these pensions are supposed to be paid on time to enable them to compound in interest.

Before he resigned they were owing to him four months' salary.

He was willing to let it go

So he left without getting paid

As soon as he left it wasn't even up to a week they paid him four months salary at once

After they paid him the salary they sent him a letter that he should come and pay them some money as a sort of compensation to them.

When my brother talked about the fact that they also owe him a pension, it didn't take them a week to remit pension of over 1 year 6 months

So they took him to court, ever since then my brother has been paying a lawyer who has been demanding money-wise.

This is a company that will sack its workers without any sort of compensation.

I feel they are doing this just to create fear in the mind of all the workers in the company so they can also tread with caution, but the effect of their decision is telling on my brother.

Right now he is not concentrating and he is spending money that he doesn't have.

Some time ago they gave him the training he did online and they claim they sent him to Australia to study.

And thereby he should pay them 2 million as compensation.

Guys please I need your advice and how he could handle this case very well.




The position of the law is clear that our laws will never force an unwilling employee on a willing employer, nor will it force a willing employee on an unwilling employer.

That amounts to modern-day slavery, which has no place in our law books. Well, National Industrial Court will certainly get to the root of this case, I am certain about that.

@OP Litigation in Nigeria is money. Sorry, your brother is spending money. He can always ask for damages by way of a counterclaim if he has a good defence.

Did he sign any document that he is not permitted to leave forever?

Even if he did, which is strange, there are always exceptions to such rules.

I cannot say much because I could not ascertain the rationale behind the suit from your post.

Training him in a course or two without more will not ordinarily give rise to legal action, except he signed some document binding him to the company that he cannot leave until a certain number of years.

Even at that, it all boils down to money and the company has a right to offset the cost of training from his entitlement.

If what you said is the truth, then the company breached the employment contract due to irregular payment of salaries.

This gave your brother the right to walk away from the job if it is true that salaries were not paid as and when due.

Hope your brother counterclaimed?

1 Like

Re: My Brother's Company Takes Him To Court Because He Resigned by Chachamiliano: 3:03pm On Jun 29, 2021
Uncleodi:


Yes...he should also print his bank statements reflecting the payments

I dey tell you. This kinda case dey sweet for belle. Your brother have nothing to lose rather the organization have everything to lose.

1 Like

Re: My Brother's Company Takes Him To Court Because He Resigned by tempem: 3:03pm On Jun 29, 2021
Speeddial:
I am writing this because I feel the management of this company is a group of people who do not want its workers to succeed.

My brother worked for this company for about 5 years, and within these 5 years, salary has never been consistent.

At times they may even stay up to six months before they pay one month

Even when his wife gave birth he met with them and asked them to help him with little money to cushion the cost of the hospital bills, but all to no avail.

Not only the fact that they were not paying salaries, but they were not also remitting his pensions.

You know what that means, these pensions are supposed to be paid on time to enable them to compound in interest.

Before he resigned they were owing to him four months' salary.

He was willing to let it go

So he left without getting paid

As soon as he left it wasn't even up to a week they paid him four months salary at once

After they paid him the salary they sent him a letter that he should come and pay them some money as a sort of compensation to them.

When my brother talked about the fact that they also owe him a pension, it didn't take them a week to remit pension of over 1 year 6 months

So they took him to court, ever since then my brother has been paying a lawyer who has been demanding money-wise.

This is a company that will sack its workers without any sort of compensation.

I feel they are doing this just to create fear in the mind of all the workers in the company so they can also tread with caution, but the effect of their decision is telling on my brother.

Right now he is not concentrating and he is spending money that he doesn't have.

Some time ago they gave him the training he did online and they claim they sent him to Australia to study.

And thereby he should pay them 2 million as compensation.

Guys please I need your advice and how he could handle this case very well.




Does he know about "The Justice Court?" He could submit an application on their online website. Trust me! He'll get help without spending a dime.
Re: My Brother's Company Takes Him To Court Because He Resigned by Nobody: 3:05pm On Jun 29, 2021
integridad:
For someone that works in a small scale multinational where there was no employment or offer letter,

What is the consequence of resigning with just 1 week notice?

If there is a staff handbook, revert to the staff handbook. If there is none, then I will advise on month notice on the minimum or salary in lieu. Btu if you notified the company of your intention to resign and it did not object, then you are free to leave.

1 Like

Re: My Brother's Company Takes Him To Court Because He Resigned by Nobody: 3:15pm On Jun 29, 2021
BuyAndSellStuff:
Nigerian employers are wicked. They treat you like trash but the moment you want to help them take out the trash, they start fighting your exit.

Which means they know your value but are trying to paint you bad so you keep believing that you aren't good enough.

If you've worked in a multinational corporation, you will understand that 80% of them have nothing upstairs. All they do is wear clothes and sleep around.

If you know your worth, dump your evil employer once you get a job offer and never look back. Bastards.


..............................................................................................
As for the OP, dump that useless lawyer. He is there to milk you dry.
Write a petition to the ministry of labour, copy EFCC, FIRS, PENCOM & crazy NGOs. Highlight how your former employer duped you for 5 years, show evidence of pension remittance (which is a grave offence), delayed salaries, show all the financial misappropriations they have committed.

Watch them backtrack. The fire those thieving organizations will put on their ass, they won't even remember you.

Lastly, play dirty. Take their names & pictures to social media with screenshots. Names of company, MD, Directors involved etc. Shake them!! They have more to lose.

Most of them are claiming deacons in their churches and forming leaders in their residential estates. Behave like a sokoloan agent with their integrity or you can sit there & continue to wallow in self pity.

I will not advise this. It can give rise to a legal action in defamation and probably criminal suit for malicious publication. Let's be guided. Doing this is akin to giving a company that is out for blood a knife to take a pound of flesh.

I, however, support your position that he should notify PENCOM. But this may only end in fines since they have regularised. But if he can prove that other staff are suffering a similar fate and they are willing to support him then he might have a chance. But who wants to lose his/her job?

Most companies do not pay their pension contribution to an employee's PFA until you sue. It is when you sue or threaten to sue that they quickly pay. As for delays in paying salaries, COVID-19 is a ready excuse, not financial impropriety, per se. Except Op has sufficient evidence to back you his claim, your opinion will catapult him from frypan to fire.
Re: My Brother's Company Takes Him To Court Because He Resigned by hardbody: 3:26pm On Jun 29, 2021
Speeddial:


After his lawyers replied that they also owe him lots of pension arrears, after about a week he started receiving the alert in his pension account, more than 12 months arrears alert on his phone in one day.

This does not invalidate the fact that the pension was not routed appropriately. Indeed the monies paid to him can be argued as not being pension but like I said, depends how his lawyer is pushing it.
Re: My Brother's Company Takes Him To Court Because He Resigned by mysticgal(f): 4:34pm On Jun 29, 2021
Speeddial:


I feel for him that is why I brought this matter here, in he's words he doesn't want everything to go messy, because he doesn't want his present place of work to know what is happening. And maybe an advice from his lawyer.

He doesn’t want it to get messy,or does he want to pay money for a contract that had been breached long time?

Omo he better go to the Labour court.
Re: My Brother's Company Takes Him To Court Because He Resigned by oyejideogunjumo: 4:41pm On Jun 29, 2021
Speeddial:
I am writing this because I feel the management of this company is a group of people who do not want its workers to succeed.

My brother worked for this company for about 5 years, and within these 5 years, salary has never been consistent.

At times they may even stay up to six months before they pay one month

Even when his wife gave birth he met with them and asked them to help him with little money to cushion the cost of the hospital bills, but all to no avail.

Not only the fact that they were not paying salaries, but they were not also remitting his pensions.

You know what that means, these pensions are supposed to be paid on time to enable them to compound in interest.

Before he resigned they were owing to him four months' salary.

He was willing to let it go

So he left without getting paid

As soon as he left it wasn't even up to a week they paid him four months salary at once

After they paid him the salary they sent him a letter that he should come and pay them some money as a sort of compensation to them.

When my brother talked about the fact that they also owe him a pension, it didn't take them a week to remit pension of over 1 year 6 months

So they took him to court, ever since then my brother has been paying a lawyer who has been demanding money-wise.

This is a company that will sack its workers without any sort of compensation.

I feel they are doing this just to create fear in the mind of all the workers in the company so they can also tread with caution, but the effect of their decision is telling on my brother.

Right now he is not concentrating and he is spending money that he doesn't have.

Some time ago they gave him the training he did online and they claim they sent him to Australia to study.

And thereby he should pay them 2 million as compensation.

Guys please I need your advice and how he could handle this case very well.
Contact Human rights lawyers but be sure he tells them the whole truth so that they can know where his case has strength or weaknesses.
You may not know the whole truth


Re: My Brother's Company Takes Him To Court Because He Resigned by integridad: 4:58pm On Jun 29, 2021
litigator:


If there is a staff handbook, revert to the staff handbook. If there is none, then I will advise on month notice on the minimum or salary in lieu. Btu if you notified the company of your intention to resign and it did not object, then you are free to leave.
Thanks.
Re: My Brother's Company Takes Him To Court Because He Resigned by Nobody: 4:58pm On Jun 29, 2021
integridad:
Alright, thank you.


You are welcome grin
Re: My Brother's Company Takes Him To Court Because He Resigned by Oyerinde16(m): 5:55pm On Jun 29, 2021
This write up has a lot of hidden fact in it, if your brother signs an agreement with a company, let him fufil it, if he is not certified, let him follow the established channel of resolution, or resign properly, no company can take you to court if you resigned properly, your brother might have absconded with company properties, documents, accesses, and information thereby creating grounds for taking him to court. Your brother cannot claim the company were not fulfilling their own bargain then he abscond, he needs to document and do the right thing...
Re: My Brother's Company Takes Him To Court Because He Resigned by Gentew(m): 6:20pm On Jun 29, 2021
Its a simple case.... His statement of account alone is more than enough as evidence. Let him go to any of this activist lawyers.
Re: My Brother's Company Takes Him To Court Because He Resigned by Ibk4christ: 7:00pm On Jun 29, 2021
Your brother has a good case. The law says no one can be forced to work. Whatever contract was signed is null in the eyes of the law. He will definitely win the case if the lawyer is good.
Re: My Brother's Company Takes Him To Court Because He Resigned by Nobody: 7:20pm On Jun 29, 2021
Speeddial:


Yes he signed a contract, and he has about 1 or 2 years to stay with them before leaving.

But they were not fulfilling their own part of the contract. And it was really affecting him because he was not able to take care of his family.
If they are not fulfilling their own part, then that compan must be mad, for breaching the contract. This is a moi moi case. Higher a lawyer and take those bastards to court, the lawyer takes 20% compensation of the damage fee the company will pay for.
Re: My Brother's Company Takes Him To Court Because He Resigned by Simpubozz(m): 8:56pm On Jun 29, 2021
Speeddial:
I

Not only the fact that they were not paying salaries, but they were not also remitting his pensions.

You know what that means, these pensions are supposed to be paid on time to enable them to compound in interest.
Someone should please educate me on the bolded especially the compound interest part . My pension has not been paid for a year
Re: My Brother's Company Takes Him To Court Because He Resigned by themanderon: 11:27pm On Jun 29, 2021
Wickedness in high places. The fact that his salary is not been paid on time and his pension is not being remitted is already a breach of contract.
Re: My Brother's Company Takes Him To Court Because He Resigned by Yankee101: 3:46am On Jun 30, 2021
He should have gotten a pro Bono lawyer or negotiate a fixed fee. But he shouldn't give up. Once he has all the evidence
Re: My Brother's Company Takes Him To Court Because He Resigned by olmoRoc: 4:02am On Jun 30, 2021
Speeddial:



1. This is a company that will sack its workers without any sort of compensation.

2. I feel they are doing this just to create fear in the mind of all the workers in the company so they can also tread with caution, but the effect of their decision is telling on my brother.

3. Some time ago they gave him the training he did online and they claim they sent him to Australia to study.

And thereby he should pay them 2 million as compensation.


1. Lots of companies feel that they own you, and that you do not have the right to leave.

2. Correct, they're trying to strike fear into the other staff.

3. They should be able to provide the ticket stubs as well as the hotel bills if they're claiming he was sent to Australia.

It's also very easy to determine the mode of study as it's usually on the certificate or the transcript. Another way of determining the mode of study is to send a simple email to the institution.

However, most companies ask their staff to sign an undertaking stating they would continue to work for X number of years if they're sent for training.

This means they can terminate the employee's employment if they choose, but the employee does not have the right to resign before the stipulated time.

In the case of my ex, the undertaking stated that she couldn't leave before 5 years after the training or she'd have to return the training costs.
Re: My Brother's Company Takes Him To Court Because He Resigned by Glink2018(m): 4:32am On Jun 30, 2021
Speeddial:


Yes he signed a contract, and he has about 1 or 2 years to stay with them before leaving.

But they were not fulfilling their part of the contract. And it was affecting him because he was not able to take care of his family.

Since he has a contract agreement with the company and he has to flout his agreement, the company has a legal right to sue him...you can't just do something unilaterally when there is an agreement on the ground.
Lawyer don hammer, I trust those demonic Naija Lawyers....they will always create an avenue to milk you dry...you better tell your brother to settle this out of court except he has solid evidence of winning the case ....or else. Nah die your brother dey so oh...because the court might ask him to pay some money to the company. ..

Naija and scammers are 5 & 6
Re: My Brother's Company Takes Him To Court Because He Resigned by CallMeSuccess: 9:44am On Jun 30, 2021
please read this case:

IROKOTV V MICHAEL UGWU JUDGMENT

https://barristerng.com/dear-employer-a-non-disclosure-agreement-may-not-save-you-lessons-from-irokotv-com-ltd-v-michael-ugwu/
very similar to yours.

This is to guide you.
Re: My Brother's Company Takes Him To Court Because He Resigned by Nobody: 10:27am On Jun 30, 2021
Speeddial:


It was an online training.

They only sent him a PDF to read

And after that he was given an exam online.

That's what they call implied consent, by reading the document and taking the exams he has agreed to be bound by whatever the document said, even if it was not clearly stated.
Re: My Brother's Company Takes Him To Court Because He Resigned by Nobody: 2:35pm On Jun 30, 2021
Re: My Brother's Company Takes Him To Court Because He Resigned by Gbengageorge: 5:05pm On Jun 30, 2021
Did he sign any bond, in the documentation of the training (repayment or work time)
Did he sign that his salary be paid every six month (the company has been violating labour law that staff be paid after 30 days)

Except if the lawyer is a betrayer or he doesnt know what he is doing and he is collecting money for free, the company does not have anything on him if he didn't sign anything.

He should try these public lawyer that help people.

Speeddial:
I am writing this because I feel the management of this company is a group of people who do not want its workers to succeed.

My brother worked for this company for about 5 years, and within these 5 years, salary has never been consistent.

At times they may even stay up to six months before they pay one month

Even when his wife gave birth he met with them and asked them to help him with little money to cushion the cost of the hospital bills, but all to no avail.

Not only the fact that they were not paying salaries, but they were not also remitting his pensions.

You know what that means, these pensions are supposed to be paid on time to enable them to compound in interest.

Before he resigned they were owing to him four months' salary.

He was willing to let it go

So he left without getting paid

As soon as he left it wasn't even up to a week they paid him four months salary at once

After they paid him the salary they sent him a letter that he should come and pay them some money as a sort of compensation to them.

When my brother talked about the fact that they also owe him a pension, it didn't take them a week to remit pension of over 1 year 6 months

So they took him to court, ever since then my brother has been paying a lawyer who has been demanding money-wise.

This is a company that will sack its workers without any sort of compensation.

I feel they are doing this just to create fear in the mind of all the workers in the company so they can also tread with caution, but the effect of their decision is telling on my brother.

Right now he is not concentrating and he is spending money that he doesn't have.

Some time ago they gave him the training he did online and they claim they sent him to Australia to study.

And thereby he should pay them 2 million as compensation.

Guys please I need your advice and how he could handle this case very well.



Re: My Brother's Company Takes Him To Court Because He Resigned by Casemiro(m): 9:52am On Jul 17, 2021
Speeddial:
I am writing this because I feel the management of this company is a group of people who do not want its workers to succeed.

My brother worked for this company for about 5 years, and within these 5 years, salary has never been consistent.

At times they may even stay up to six months before they pay one month

Even when his wife gave birth he met with them and asked them to help him with little money to cushion the cost of the hospital bills, but all to no avail.

Not only the fact that they were not paying salaries, but they were not also remitting his pensions.

You know what that means, these pensions are supposed to be paid on time to enable them to compound in interest.

Before he resigned they were owing to him four months' salary.

He was willing to let it go

So he left without getting paid

As soon as he left it wasn't even up to a week they paid him four months salary at once

After they paid him the salary they sent him a letter that he should come and pay them some money as a sort of compensation to them.

When my brother talked about the fact that they also owe him a pension, it didn't take them a week to remit pension of over 1 year 6 months

So they took him to court, ever since then my brother has been paying a lawyer who has been demanding money-wise.

This is a company that will sack its workers without any sort of compensation.

I feel they are doing this just to create fear in the mind of all the workers in the company so they can also tread with caution, but the effect of their decision is telling on my brother.

Right now he is not concentrating and he is spending money that he doesn't have.

Some time ago they gave him the training he did online and they claim they sent him to Australia to study.

And thereby he should pay them 2 million as compensation.

Guys please I need your advice and how he could handle this case very well.





Hi, hope you're doing great.


Please how did they finalize the issue

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