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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:How Protected is the Employment of the Nigerian Workers?
Author:Idubor, RichardISNI
Year:2000
Periodical:African Journal of International and Comparative Law
Volume:12
Issue:1
Period:March
Pages:128-143
Language:English
Geographic term:Nigeria
Subjects:labour
labour contracts
Labor and Employment
Law, Human Rights and Violence
External link:https://heinonline.org/HOL/Page?handle=hein.journals/afjincol12&id=140&collection=journals&index=journals/afjincol
Abstract:In Nigeria, a contract of employment may be brought to an end in three principal ways: by operation of law, by intention of the parties, and by summary dismissal. The author analyses several cases concerning the termination of a contract of employment brought before the Supreme Court and then examines the remedies available to any one of the parties involved who is aggrieved; firstly in the case of wrongful termination of appointment or dismissal not governed by statute, but premised on mere master/servant relations, and secondly in the case of unlawful dismissal or termination governed by statute (notably public employment). It appears that, except for employment with a public element, where the remedy for unlawful termination of employment lies in reinstatement, the remedy for wrongful termination of appointment is in damages, which is never more than the monetary payment in lieu of the period of notice such an employee would have been entitled to. This makes it relatively easy for the employer to dispense with the services of employees even for no reason at all. While in Nigeria the common law rule, inherited from the British, is still very much in force regarding the appointment of employees not governed by statute, in Great Britain itself several Acts have improved the position of the employee. The author argues that Nigeria should follow the British example in this respect. Notes, ref.
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