While I have earlier reckoned that the termination of the Claimant’s employment was not in itself wrongful, I must add for the sake of the said relief 7 that even where a termination is wrongful in a master servant employment, the remedy available is to the extent of what the employee would have earned as salary in lieu of notice.
— Z.M. Bashir, J. Gbaraka v Zenith Securities & Anor. (2020) – NICN/PHC/45/2018
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A statutory employment is as a matter of course governed by statute and so also is the procedure for employment and discipline provided for in the statute. See Nigeria Institute of International Affairs v Mrs. T.O. Ayanfalu (SUPRA). — Adewemimo J. Afariogun v FUTA (2020) – NICN/AK/41/2017
The law regarding master and servant is not in doubt. There is also no doubt that the contract of master and servant is subject to both statutory and common law rules. By and large, the master can terminate the contract with his servant at any time and for any reason or for no reason at...
In wrongful termination or dismissal, the termination/dismissal is complete and the defendant is only liable in damages, while in unlawful termination/dismissal, there is no such termination or dismissal at all as it would be pronounced null, void. See Imoloame v WAEC (supra) at 305; Kabelmetal (Nig.) Ltd v Ativie (2001) FWLR (Pt.65) 662 at 674-...
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...
NEPA v. Ango it was held as follows:- “An employee of an employer with statutory flavour has no right to terminate his appointment at will because the employee does not hold the appointment at the pleasure of such an employer. To determine the appointment, the employer has a duty to comply with the conditions precedent laid down in the conditions of appointment failing which such termination will be held to be ineffectual and void.”
Ondo State University v. Folayan (1994) 7 NWLR (Pt. 667) page 34 at page 61, the university had appointed Dr. Folayan for a probationary period of three years. Without extending the tenure of Dr. Folayan, they continued to use his services and pay him his salaries for three years. The Supreme Court held that the university was estopped from contending that the employment had come to an end at the end of the three years probationary period.
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