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AN EMPLOYEE IS ENTITLED TO KNOW THE REASON FOR HIS DISMISSAL

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The ILO Termination of Employment Convention 1982 (No 158) is yet to be ratified by Nigeria. It is however evidence of international labour standards, and international best practice in termination of employment which this Court is obligated to apply; and its recommendations that an employee is entitled to be informed of the reason for the termination of his employment. Section 7 (6) of the National Industrial Court Act 2006 empowers the Court to have due regard to good or international best practices in labour or industrial relations, and what amounts to good or international best practices in labour is a question of fact. Section 254C of the 1999 Constitution (as amended) has empowered this Court to determine whether the Claimant was terminated for a valid reason or for no reason. It is not globally acceptable in industrial relations and practice to terminate the employee’s employment without adducing any reason for doing so, see Petroleum and Natural Gas Senior Staff Association of Nigeria v Schlumberger Anadrill Nig Ltd [2008] 11 NLLR (Pt 29) 164, Aloysius v Diamond Bank Plc [2015] 58 NLLR 52, Uzo Ejekwumadu v Blue Arrow TSW Ltd (unreported) Suit No: NICN/LA/242/2016 judgement delivered March 18, 2021. It is contrary to international labour standards and international best practices for an employer to terminate the employment of its employee without any reason or justifiable reason that is connected with the performance of the employee’s work. This is also contrary to the International Labour Organisation (ILO) decent work agenda with the four strategic objectives of the promotion of rights at work, employment, social protection, and social dialogue.

— O.A. Obaseki-Osaghae, J. Ejiro Peter Amratefa v. Access Bank (NICN/ABJ/106/2022, November 2, 2023)

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EMPLOYMENT OF STATUTORY FLAVOUR – CREATION OF STATUTE

It is settled law that the character of an appointment is determined by the legal character of the contract of employment. Where the contract of appointment is determinable by the agreement of the parties, there is no question of the contract having a statutory flavour. It is immaterial that the other contracting party is a...

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SERVANT WRONGFULLY TERMINATED HAS HIS REMEDY IN DAMAGES

In any event even where a servant is wrongfully terminated, the contract comes to an end. He has his remedy in damages. – Karibe-Whyte, JSC. Chukwumah v. SPDC (1993) Was this dictum helpful? Yes 0 No 0...

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BECAUSE AN EMPLOYER IS A CREATION OF STATUTE DOES NOT MEAN EMPLOYEE IS A CREATION OF STATUTE

It is necessary to also state that the fact that an employer is a creation of statute or statutory body, does not without more, raise the legal status of its employees over and above the normal common law master and servant relationship. Also, the fact that a person is pensionable Federal public servant does not mean that his contract of employment is protected by statute. Whether a contract of employment is governed by statute or not depends on the interpretation of the contractual document or the applicable statute. The character of an appointment and the status of the employee is determined by the legal character of the contract. Contracts of employment are determinable by the agreement of the parties’ simplicita. See the cases of ALHASSAN V. ABU ZARIA [2011] 11NWLR (PT. 1259, 417 @ 464;NITEL V JATTAU [1996] 1 NWLR (PT. 425) 392 CA; INSTITUTE OF HEALTH AHMADU BELLO UNIVERSITY HOSPITAL MANANGEMENT BOARD V MRS JUMMAI R.I ANYIP [2015] 6 ACELR PAGE 27.IMOLOAME V. WAEC (1992) 9 NWLR(PT. 265) 303.

— O. Oyebiola, J. Yakubu v. FRCN (2016) – NIC/LA/673/2013

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SERVICE OF EMPLOYMENT GOVERNED BY CONTRACT

The second class of cases will cover the ordinary master and servant relationship governed by a written contract not subject to any statutory restrictions or limitations. Here the duty of the court will be to construe and apply the terms, conditions and provisions of the contract. — A. Oputa, JSC. Olaniyan & Ors. v. University...

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WHERE TERMINATION CONTRAVENES STATUTORY PROVISION OR CONTRACT, PARTY WILL BE REINSTATED

It is clear from the facts which are not disputed in this appeal, that respondents unilaterally repudiated the contract with the appellants in the letter of termination dated 31st December, 1980. They were in my opinion trying to evade or avoid compliance with the conditions in para. 15 and the procedure in s.17(1). Hill v....

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NOTICE FOR DISMISSAL MUST BE READ INTO CONTRACT OF EMPLOYMENT

The common law enjoins that even where the contract of employment does not stipulate a notice period, one that is reasonable must be read into the contract of employment. See Akumechiel v. BCC Ltd[1997] (Pt.484) 695 at 703 and Emuwa v. Consolidated Discounts Ltd [2000] LPELR-6871(CA);[2001] 2 NWLR (Pt.697)424. The Supreme Court in Olayinka Kusamotu v. Wemabod Estate Ltd [1976] LPELR-1720(SC); [1976] 9-10 SC (Reprint) 254 stated the law thus: The law is that, generally, the length of notice required for termination of contracts of employment depends on the intention of the parties as can or may be gathered from their contract and in the absence of any express provision, the courts will always imply a term that the employment may be terminated by a reasonable notice (from either of the parties); and even where (as clearly provided in clause 21(c) of “Exhibit “B” for persons still under probation) the employer has power to terminate the contract in his absolute discretion, the law enjoins the employer to give reasonable notice to the employee (see Re-African Association and Allen (1910) 1 KB 396).

— B.B. Kanyip, J. Awogu v TFG Real Estate (2018) – NICN/LA/262/2013 para. 60.

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