Wrongful Termination of Contract of Employment in Nigeria: A Comprehensive Guide
Termination of an employment contract can be a distressing experience for any employee, especially if it is without due cause or is wrongful. In Nigeria, wrongful termination of employment is a prevalent issue that affects a considerable number of employees in various sectors of the economy. This article provides a comprehensive guide on wrongful termination of contracts of employment in Nigeria.
What is wrongful termination of employment?
Wrongful termination of employment refers to the unlawful or unjust termination of an employment contract by an employer. In Nigeria, the wrongful termination of employment can occur in various forms, including:
1. Termination without notice: An employer may terminate an employee`s contract without giving the required notice stipulated in the employment contract or the Nigerian Labour Act.
2. Constructive dismissal: This is a scenario where an employer makes an employee`s working conditions so intolerable that the employee has no choice but to resign.
3. Discrimination: An employer may terminate an employee`s contract based on their gender, religion, tribe, or other discriminatory factors.
4. Retaliation: An employer may terminate an employee`s contract in retaliation for whistleblowing or reporting misconduct in the workplace.
5. Breach of contract: An employer may terminate an employee`s contract without following the procedures stated in the contract or the Nigerian Labour Act.
What are the legal implications of wrongful termination of employment in Nigeria?
Under Nigerian law, wrongful termination of employment is a breach of the employee`s right to work and earn a living. Therefore, an affected employee can seek redress for the damages and compensation suffered as a result of the wrongful termination. The employee can file a lawsuit against the employer, and if successful, the court may award damages such as back pay, severance pay, and other compensation.
In addition to legal implications, wrongful termination of employment can also have social and economic implications. For example, an affected employee may suffer a loss of income, emotional distress, and damage to their professional reputation.
What are the legal remedies available to an employee for wrongful termination of employment in Nigeria?
The Nigerian Labour Act provides various avenues for an employee to seek redress for wrongful termination of employment. Some of the legal remedies available to an employee include:
1. Reinstatement: An employee may seek to have their employment reinstated and return to work.
2. Compensation: An employee may seek compensation for the damages suffered as a result of wrongful termination, such as back pay, lost benefits, and other compensation.
3. Severance pay: An employee may be entitled to severance pay, which is usually calculated based on the employee`s years of service and the terms of the employment contract.
4. Injunction: An employee may seek an injunction to prevent the employer from carrying out the wrongful termination or any further harm to their employment.
5. Mediation or arbitration: An employee may seek to resolve the dispute through mediation or arbitration, which is less formal than a court proceeding.
Conclusion
In conclusion, wrongful termination of employment is a prevalent issue that affects many employees in Nigeria. However, employees have various legal remedies available to them to seek redress for damages suffered as a result of wrongful termination. Employers should also take measures to ensure that they follow the legal procedures and guidelines when terminating an employee`s contract to avoid violating the employee`s rights. As a professional, it is essential to educate employees on their legal rights and the various legal avenues available to them for seeking redress for wrongful termination.
