The prevalence of unlawful or indiscriminate termination and dismissal of employees in the private sector has threatened industrial harmony and social security in Nigeria. The need to explore solutions to this intractable problem motivated this research. The aim of this study was, therefore, to examine the wrongful termination of employment contracts in Nigeria, specifically in the private sector, and make a case for the reinstatement of private employees. The objectives of the study were to: assess the basis of the common law position prohibiting reinstatement in cases of wrongful termination in private employment; examine the current position of the law on reinstatement in private sector employment in Nigeria; and determine the challenges arising from judicial application of reinstatement of employees in private organizations in Nigeria. The study adopted the doctrinal methodology, and comparative, case law content analysis, and discursive methods, among others. Moreover, the study utilized both primary and secondary sources of legal authorities. It was found, among other things as follows: that the legal remedies for wrongful termination under the common law typically focused on financial compensation for lost wages or damages, rather than requiring the employer to reinstate the employee; and that the courts were reluctant to grant reinstatement because of their attachment to the common law notion of master-servant relationship, that a willing employee could not be imposed on an unwilling employer, and vice versa; and in any case, the employee bore the burden of proving that reinstatement was appropriate. The innovations introduced by the National Industrial Court Act, 2006 and the Constitution of the Federal Republic of Nigeria (CFRN), 1999 (as altered) have opened the window for the judicial interpretation and application of good or international best practices and ratified labour treaties in labour, employment, workplace, industrial relations and connected matters. The radical or potentially radical judicial approach to judicial interpretations at the National Industrial Court of Nigeria and the Court of Appeal has increased protection in employment without statutory flavour than it used to be.
- Citation du texte
- Fortune Ochiga (Auteur), 2024, Wrongful Termination of Contract of Employment in Nigeria. A Case for Reinstatement of Private Employees, Munich, GRIN Verlag, https://www.grin.com/document/1760529
