For a number of weeks, one among Nigeria’s foremost banks, Access Financial institution, had refused to touch upon some underhanded monetary dealings involving its former staff. A number of telephones to its media division had yielded no response. There was no response to emails despatched to the financial institution too. A go to to the financial institution’s head workplace in Lagos yielded little or no response.

The seeming conceitedness and impudence of the monetary heavyweight signpost the intense allegations lots of its former workers are levelling in opposition to it. It began in 2012.

A dependable supply, who can be an ex-employee that resigned on December 31, 2012, mentioned the financial institution brought on the vast majority of them to resign their appointment in opposition to their want by ignoring their opinions and emotions whereas lots of of individuals have been sacked and their appointments terminated by a letter by the previous Head, Worker Relations, Anthonia Opara and Mrs. Bolaji Agbede, Head, Group Human Sources which the proof, a transparent doc is with SaharaReporters.

In accordance with a doc forwarded by the Workforce Member, Department Management Workforce (LMN), Kikelomo Omijeh on Tuesday, January 31, 2012 at precisely 3:00 PM to at least one Olatunbosun Otesile, Workforce Member, Department Companies (LMN) containing the Staff Gratuity Scheme says that Intercontinental financial institution has reviewed its previous gratuity scheme for qualifying for the cash from 10 years to five years with speedy impact from 1st of November, 2005.

Nonetheless, the doc additionally acknowledged that the workers that joined the financial institution after 30th September 2006 is not going to qualify for gratuity however people who have labored earlier than that yr can be paid. In this gratuity scheme, an instance of N2, 500,000 was utilized in demonstrating how the Gratuity fund is stipulated and verified by the financial institution to be paid.

In 2012 when the merger between Intercontinental financial institution and Access financial institution was about to happen, in line with a dependable supply, the administration of the financial institution had a gathering with the workers asking them to resign as a result of there can be no place to safe a job within the financial institution if the merger comes by.

Most of the staff agreed to resign because the financial institution had promised to pay their severance and gratuity packages.

When an worker is leaving, the gratuity and the severance package deal must be paid. 

SaharaReporters discovered that the calculation of how a lot the previous staff would obtain was not clear.

With lots of its workers agreeing to resign, the financial institution realized it might undergo an enormous indebtedness and in line with dependable sources, Access Financial institution determined to play a quick one on its as soon as loyal staff who had chosen to resign their appointment with the financial institution. Quite than give the previous staff all their entitlements – severance pay and gratuity, amongst others – the financial institution enforced an settlement on them that they might solely accumulate one of many entitlements at a time.

For instance, a doc connected to the resignation letter by Access Financial institution to at least one Adeyemo Akeem Adewale (Staff No: 020030)and dated March 5, 2012, mentioned: “We acknowledge receipt of your letter on the above topic and want to convey that it has been accepted by Administration. Please discover beneath particulars of your terminal account with the financial institution as of February 3, 2012, which formally was your final day at work. You’re entitled to a severance package deal or your gratuity whichever is greater.”

A few of the former staff who complained about their gratuity have been the previous workers of Intercontinental Financial institution Plc which was acquired by Access Financial institution. They have been thought of eligible to obtain gratuity below the defunct Intercontinental Financial institution’s gratuity scheme managed by Crusader Sterling Restricted.

A supply advised SaharaReporters that the gratuities which have been initially managed by Crusader Sterling Financial institution, NLPC Pension Directors Ltd and First Trustees have been moved by Access Financial institution to fund managers (the fund managers in order to inform the staffs that they’ve already gained entry to the cash legally with out which Intercontinental Financial institution can not meddle with. All these are simply to defend the beneficiaries from getting their gratuity.

Earlier, in a gratuity doc by Intercontinental Financial institution despatched to all its workers on sixth of October 2011 previous to the merger, within the third paragraph wrote: “The board additionally authorized that the gratuity entitlements of certified workers must be moved to Fund Managers for the funds. In addition, a five-man Trustees Board was appointed amongst workers with all powers of Trustees as could also be contained within the Trusteeship Legislation of the Federal Republic of Nigeria in order to make sure a clear administration”

“In this vein, the gratuity fund has been moved to the authorized Fund Managers who have been chosen after rigorous screening by the Trustees along side Human Sources,” a supply mentioned.

In a doc obtained by SaharaReporters of the deed of appointment of Trustees for the Gratuity scheme, Mrs. Vesiri Olu-Odugbemi, Mrs. Hetty Dambo, Mr. Akeem Babatunde, Mr. Mike Leramo and Mr. Dapo Tijani all signed on behalf of members of the scheme within the presence of Habila Amos who was at the moment the Head of Human Sources of Intercontinental Financial institution PLC.

“In order to handle the scheme, the Firm is desirous of appointed the workers as Trustees of the scheme” acknowledged clearly on the second web page of the ‘b’ a part of the doc.

This implies the financial institution truly appointed them to be the middleman between the fund managers the place the financial institution had moved the gratuity fund with and the workers members in order to not enable any technique of fraudulence.

It was accomplished when the Central Financial institution of Nigeria was planning to promote Inter-continental financial institution to Access and the workers are afraid that they are going to be sacked with out fee or see something to learn in. 

As a consequence, a few of the workers now reasoned together with the financial institution’s pointers that since they have been already certified for the gratuity, they might resign.

Figuring out too nicely concerning the numbers of the workers that need to go away, which suggests there is not going to be any patrons. With that, they assured them that their cash can be secure and this delivered to the motion of funds from the financial institution to the 5 funds managers as defined earlier.

Since this cash has been of their care (Access Financial institution) and no successor is allowed to tamper with the cash, in a crafty method, “Operation Simply Trigger” OJC was launched simply to ensure that they frustrate the workers and provides causes to sack some who will be unable to satisfy the goal;

“What they did was that they gave each workers no matter your grade of deposit goal to go and supply fund for the financial institution, targets that have been outrageous. They gave us a goal of a deposit and reactivation of dormant accounts. We complained and naturally, there’s nothing we may do. 

Access Financial institution administration do it in a method that if we herald new deposit and on the finish of the day, the proprietor shouldn’t take out from that deposit for 3 months, in the event that they withdraw any quantity, that reveals that we going to get a damaging mark and all our labour will go in useless.”

A few of the workers not sacked, understanding too nicely that there could be a calamity that may befall them, resigned due to the administration’s earlier mentioned all their allowance can be paid.

“If we had identified that our gratuity is not going to be paid to us as promised earlier giving us the choice of resigning, a few of us wouldn’t have resigned, not less than work extra and collect cash until we’re sacked,” mentioned a supply.

“Access Financial institution met with the fund’s supervisor through which our cash has been efficiently saved by Intercontinental Financial institution to launch the gratuity to them. This cash is a part of the cash the financial institution used to pay our severance package deal.

“With out the gratuity fee, this means that each one our years of labour and dealing actually with our former employers are simply in useless which Access Financial institution administration took away with impunity” lamented by an ex-staff.

One of many high officers in Access financial institution advised SaharaReporters that the amount of cash which the financial institution use abnormality and fraudulence to filter away each sacked or retired workers are greater than N6 billion naira.

A few of the workers took the case to courtroom with their intact doc as a chunk of proof to tender. That is after they’ve met with the Bola Akinyele and Co Chamber to hunt for his or her opinion on the difficulty which the authorized practitioners wrote to the Managing Director of Access Financial institution on Could 2, 2012, requesting the workers who formally resigned.

In the doc, the chamber famous that if the phrases weren’t met inside 14 days from the receipt of the letter that the workers had the appropriate to set in movement the authorized equipment on the acceptable courtroom to redress, treatment and vindicate the ex-workers authorized rights.

When the workers seen that the response from Access Financial institution’s administration was not passable, they proceeded to courtroom.

First, it was the Nationwide Industrial Courtroom of Nigeria on February 4, 2013. The case was initially assigned to Justice Obaseki-Osaghae.

Through the case, an ex-staff mentioned: “The primary three previous, their lawyer(s) didn’t present up within the courtroom attempting to frustrate us with the case, he continued that The decide, Obaseki-Osaghae now wrote to the financial institution that in the event that they fail to supply their lawyer(s) she is going to preside over the case. So earlier than the subsequent case, some individuals have knowledgeable the administration of the financial institution what’s going on. 

I used to be advised that they carry out their magic. Earlier than the subsequent case, Justice Obaseki-Osaghae was transferred to the Calabar Division of the Nationwide Courtroom.”

SaharaReporters gathered that the regulatory our bodies who contacted Access Financial institution to seem earlier than them have been instantly compromised earlier than the subsequent courtroom continuing and the case dropped after. This reveals that the case was transferred to a different decide.

“Following the switch of Obaseki-Osaghae, the matter was assigned to Justice J.D. Peter. He got here up solely on 5 events earlier than the mentioned Honourable Justice dismissed the case. So, the courtroom now introduced one other decide that’s within the curiosity of the financial institution. To let you know that there was compromised concerning the case, one of many heads of the Industrial courts was indicted. “

“The decide granted a reduction that the defendants by no means even apply for. However our case and stand with the financial institution was that they don’t have any proper to tamper with our gratuity within the first place and second, there are a few of the workers members appointed by the identical Access Financial institution Administration to observe our funds.”

“The obligation of the workers is to ensure the cash isn’t tampered with and after they did, we questioned them that how can Access Financial institution come from the again to realize entry to our gratuity package deal to pay our severance package deal.” 

“What the decide did was putting out these workers (Board of Trustees) that they don’t seem to be accountable to be with the cash that they’re simply performing on principal as brokers on behalf of Access Financial institution.”

Though the financial institution appointed some 5 trustees, the administration truly performed a trick whereas making ready the deed doc understanding full nicely that the case would possibly go to courtroom in the event that they finally withheld the gratuity cash of the workers members. What they did was that on web page three no 6, 7 and eight mentioned:

“Upon switch of the gratuity sum to the Fund Supervisor, the corporate (Financial institution) shall stop to function the gratuity scheme coverage and no member of workers of the corporate who thereafter attains 5 years within the service of the corporate shall be entitled to the scheme”. This truly signifies that after that they had efficiently transferred the fund to the fund managers, any members that joined after is not going to be entitled to gratuity. That is fairly explanatory as this not what SaharaReporters need to reveal.

“The trustees shall have the only unique powers to narrate immediately with the Scheme Supervisor in relation to the administration and administration of the scheme” this isn’t the attention-grabbing half.

The attention-grabbing half is quantity (8) which states that;

“In the case above talked about, the Trustees shall incur no legal responsibility for therefore performing they usually shall on no account be certain to name for additional proof or be chargeable for any loss which may be occasioned by performing on any such certificates and/or assertion” 

This merely restricted the Trustees to some extent. This reveals even when the administration of the financial institution go forward to satisfy the fund managers and get some funds with out their (workers) consent, the members of the board (Trustees appointed by the identical financial institution simply to color the financial institution that they’re clear) wouldn’t have the appropriate to request for proof or financial institution assertion.

These are individuals with ardour who earlier than the merger of the banks have labored tirelessly. Extra so, the financial institution additionally mentioned whereas leaving the employers’ service previous to exit date she or he “shall, in any occasion, be entitled to the sum as a result of him within the Scheme (Gratuity)”.

Though, the case remains to be in courtroom and it has been adjourned till November 21, 2019.

http://saharareporters.com/2019/06/17/access-bank-nigerias-financial-institution-embroiled-staff-gratuities-scandal