What amounts to wrongful termination of employment in Nigeria?
We are examining this topic because job security is a critical talking point in the new era. Newer laws and policies are being modelled to reflect progressive labour relations.
Different nations have different perspectives on employment termination.
This short post essentially seeks to determine Nigeria’s position on what amounts to wrongful termination.
The key legal instrument governing the labour industry is the Labour Act.
Traditionally, what would amount to wrongful termination of employment would seem when an employer terminates an employee’s contract without complying with the terms of the employment contract or following due process by law, in respect of public sector employment.
This is essentially premised on the hackneyed doctrine of the ‘right of the employer to hire and fire at will’ without adducing reasons for termination.
Thus, ordinarily, where there is a termination of a contract of employment, deviating from agreed terms, such termination is wrongful.
For example, where an employer fails to give due notice before termination, where agreed has wrongful termination.
Grounds For Wrongful Termination
Failure to give the required notice
Refusal or failure to pay the due salary in lieu of notice (where agreed)
However, there has been a redefinition of what amounts to wrongful termination in recent times. The National Industrial Court of Nigeria,, pursuant to powers vested by S 254(C) is empowered to apply international best practices relating to labour laws in making it’s decisions.
Now, the NICN through her judgements has broadened the scope of wrongful termination in Nigeria, morphing from the traditional approach to a more modern, progressive perspective.
We would be considering these new innovations in NICN’s interpretations in our next article.
Employees and employers alike are thus encouraged to stay updated on the recent developments in the Nigerian Labour space and to also take advantage of these provisions in pursuing their interests in the courts.
References
1. https://guardian.ng/features/wrongful-termination-or-dismissal-as-interpreted-by-judicial-
precedents/ accessed on March 2 2023
2. https://lawpavilion.com/blog/windfall-for-wrongful-termination-of-employment-a-review-of-the-
power-of-the-national-industrial-court-to-award-exemplary-damages/ accessed on March 2 2023
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