What do we mean by wrongful termination under the ILO? What is the ILO?
ILO stands for International Labour Organization. The International Labour Organization is the one world’s leading agency on labour matters.
Hence, this article is referring to termination of employment. There are times when employment termination by an employer could be wrongful according to legal standards laid down by the ILO.
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. We shall proceed subsequently into the details of the article.
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. We shall examine these in the subheading below.
What Would Amount To Wrongful Termination Under ILO
In the following instances to be highlighted below, the International Labour Organization would consider an employment term
1. 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.
2. Absence from work during maternity leave
Filing of complaint against employer or participating in proceedings involving allegations
against employer.
3. Temporary absence from work due to injury or illness
4. 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.
Reference
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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