Wrongful Termination Under The ILO

The International Labour Organization is the one world’s leading agency on labour
matters. From time to time, the ILO makes provisions on labour relations to reflect the
trend of the modern age. Consequently, the ILO has enacted the Termination of
Employment Convention 1982.
Nigeria is a party to the 1982 ILO Convention and also a member of the ILO. Nigeria has
ratified forty ILO Conventions.
Termination Of Employment Under The ILO
The ILO defines termination of employment to mean termination initiated by the
employer. Thus, resignation by an employee would not amount to termination under
the ILO.
Importantly, the ILO did not define wrongful termination. However, it outlined instances
where termination would be deemed wrongful.
What Would Amount To Wrongful Termination Under ILO
Engagement In Union Activities. Termination on this ground would be wrongful
termination provided employee’s involvement was done outside working hours or
within working hours with employers consent.
Absence from work during maternity leave
Filing of complaint against employer or participating in proceedings involving allegations
against employer.
Temporary absence from work due to injury or illness
Additionally, termination on grounds of race, sex, marital status, pregnancy, political
opinion, religion would be wrongful termination.
Besides all this, the Convention also provides the grounds upon which Termination of
employment would be valid.
Thus, termination on grounds of capacity or conduct of employee as well as operational
requirements of the undertaking would turn out to be valid. However, valid reasons
must be adduced.
It’s also important to point out that the burden of proving the validity of a termination
rests on the employer.
The model laws governing Termination of employment under the ILO are largely
progressive, marking a paradigm shift from the rigidity of the hire and fire rule to a more
liberal and equitable labour law. It’s hoped that member states would adopt this
provisions substantially and effect them in their respective local laws.

Referencee
1 https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:
C158 accessed on March 2, 2023

2 https://www.google.com/url?sa=t&source=web&rct=j&url=https://en.m.wikipedia.org/wiki
/Termination_of_Employment_Convention,_1982&ved=2ahUKEwjr0vCPnb39AhUNSfEDHVy
xAksQFnoECCEQAQ&usg=AOvVaw21OT83B4UPmU57ax_NZWzz accessed on March 2 2023
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