Sacked workers of Air Nigeria have dragged the company’s chairman, Mr. Jimoh Ibrahim, and its Chief Executive Officer, Kinfe Kanssaye, before the National Industrial Court in Lagos over what they described as illegal and wrongful termination of their employments, non-payment of salaries and non-remittance of their 7.5 per cent pension scheme contributions.
In a suit filed by the workers’ solicitors; Muhmad Adesina and Ogunsany Ogunsanya against the company and two other defendants, the workers explained that they were employed by the Virgin Nigeria Airways Limited via their respective letters of employment but on December 31, 2010, Virgin Nigeria Airways Limited was changed to Air Nigeria Development Limited and all assets and liabilities of Virgin Nigeria Airways Limited were transferred to Air Nigeria.
The workers through their solicitors also asserted that the letters notifying them of the change was communicated to them by Ibrahim through the Chief Executive Officer of the airline, who signed the letters.
The workers contended that on September 5, 2012, Air Nigeria terminated their employment unilaterally and compulsorily retired them, adding that the termination was communicated to them in through media.
They said that the termination of their employment did not follow due process as contained in the employment hand book of the organisation, arguing that they did not withdraw their respective services to Air Nigeria Development Limited as they did not write any letter to the company.
The workers also explained that prior to the termination of their appointments by Air Nigeria Development Limited, the airline owed workers arrears of salaries; from May to August, 2012 and that some were paid for the month of May only, while others were not.
The workers also claimed that prior to the wrongful termination of their appointments, they had contributed 7.5 per cent of their salaries to the Pension Contributory Scheme, while the company contributed 7.5 per cent but despite deducting this amount from the salaries of the workers, the company had not been remitting same to the pension scheme as agreed upon by employer and employees.
The workers insisted that the money was deducted from their salaries under the Pay As You Earn (PAYE),but that up till moment of their wrongful sack ,there was no evidence of payment of this deductions to the appropriate authority.
Based on the arguments enumerated above, the workers asked the court to declare that the purported termination of their appointments by Air Nigeria Development Limited via the media “was wrong, unlawful, illegal and null and void and of no effect whatsoever.”
They also want the court to declare that the notice of dismissal on the face of newspaper is not valid and an order that the defendants pay their arrears of salaries from May to August, 2012.
They also asked the court to direct the defendants to remit forthwith all pension contributions amounting to 15 per cent of the workers emoluments that due and outstanding as agreed in the employment hand book.