By Innocent Anaba and Magbegor Zino

Sacked Enterprise Marketing Manager of Microsoft Nigeria Limited, Mrs Ejieke Maduka, has dragged the company before the National Industrial Court, NIC, sitting in Lagos, contending that she was relieved of her appointment because she refused to give in to sexual advances made on her by her immediate boss.

Respondents in the suit are Microsoft Nigeria, Microsoft Corporation, Emmanuel Onyeje and Adefolu Majekodunmi.

She is praying the court to declare that the termination of her employment was simply because she refused to succumb to the sexual harassment from Onyeje, the ratification of same by the other respondents  and the subsequent conduct of all the respondents constituted a violation of her fundamental rights to human dignity and freedom from discrimination as guaranteed by Sections 34 and 42 of the 1999 constitution as amended and Articles 2,5,14,15 and 19 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, CAPA9, Laws of the Federation, 2004.

According to her, the termination of her  employment by Microsoft simply because she was opposed to Majekodunmi’s acts of alleged insider dealings and conflict of interest which is a direct contravention of Microsoft Corporation’s internal policies, the ratification of same by the other respondents’ and the subsequent conduct of all the respondents constituted a violation of her fundamental rights to human dignity and freedom from discrimination as guaranteed by sections 34 and 42 of the 1999 Constitution  (as Amended) and Articles 2, 5, 14, 15, and 19 of the African Charter on Human and People’s Right (Ratification and Enforcement) Act, CAP. A9, Laws of Federation 2004.

She is also asking the court to declare that the acts of the 3rd respondent, an agent of the 1st respondent– by incessantly physically assaulting and handling of her waist against her will and without her consent, constitutes assault, battery and trespass on her person.

Meanwhile, Onyeje in his defence,  denied sexually harassing the claimant, praying the court to dismiss the suit, while also Majekodunmi denied being involved insiders dealing, contending that it was all false.

Sack of the claimant

Similarly, Microsoft Corporation has asked the court to strike its name from the suit, contending that it was not directly or indirectly involved in the sack of the claimant.

Also, Microsoft Nigeria is arguing that it did no wrong by terminating the appointment of the claimant, asking the court to dismiss the suit.

Insisting that Microsoft Corporation is a necessary party to the suit, the claimant argued that the company, through correspondence, admitted that it investigated the allegation of sexual harassment adding that it will be out of place for it now to say that it has no hand in running Microsoft Nigeria, when also Microsoft Nigeria key policies are determined by Microsoft Corporation.

She added that some of her functions at Microsoft Nigeria were assigned to her by Microsoft Corporation, including being the Diversity champion of the company, Microsoft West, East, and Central Africa Region, WECA, with the role of being an activist for women’s rights and opportunity within companies across the African region, so Microsoft Corporation cannot say that it was not a proper party in the suit.