Wrongful termination of contracts of employment in nigeria: a case for reinstatement of private employees
Table Of Contents
<p> </p><p>Title page – – – – i<br>Approval page – – – – ii<br>Dedication – – – – iii<br>Acknowledgement – – – iv<br>Abstract – – – – v<br>Table of Contents – – – vi<br>Table of Cases – – – ix<br>Table of Statutes – – – xii<br>Abbreviations – – – xiv</p><p>
Chapter ONE
: CONTRACTS OF EMPLOYMENT: MEANING AND NATURE</p><p>Introduction – – – 1<br>Meaning and Nature of Contract of Employment 1<br>Offer and Acceptance – – 2<br>Consideration – – – 3<br>Intention to Create legal relation – – 4<br>Capacity – – – 4<br>Parties to a Contract of Employment – – 6<br>Employer – – – 7<br>Employee – – – 8<br>Independent Contractor – – 8<br>Why an Employee needs Protection – – 9<br>Conclusion – – – 11<br>Chapter TWO
: TERMINATION OF CONTRACT OF<br>PUBLIC EMPLOYMENT</p><p>Introduction – – – 13<br>Under Public Employment – – 13<br>Different methods of Termination of Contract<br>of Employment – – – 15<br>Termination by Operation of Law – 16<br>Termination by Intention of Parties – 20<br>Summary Dismissal – – 27<br>Conclusion – – – 30</p><p>Chapter THREE
: WRONGFUL TERMINATION OF CONTRACT OF PRIVATE EMPLOYMENT</p><p>Introduction – – – 33<br>Wrongful Termination of Contract of Private<br>Employment – – – 34<br>Lack of Just Cause – – – 36<br>Wrong Procedure – – – 42<br>Lack of Proper Notice – – 46<br>Breach of the Rules of Natural Justice – 51<br>Conclusion – – – 55<br>Chapter FOUR
: REINSTATEMENT<br>Introduction – – 58<br>Reinstatement – – – 59<br>Conclusion – – 70<br>Chapter FIVE
: OBSERVATIONS, SUGGESTIONS<br>AND CONCLUSION<br>Introduction – – – 72<br>Observation and suggestions – – 73<br>Conclusion – – – 82<br>Bibliography – – – 86</p><p>TABLE OF CASES</p><p>AFOLABI v. POLYMERA IND. NIG. LTD.<br>(1967) N.SC.C. 158 – – – – – 2<br>AFRIBANK v. NWANZE (1998) 6 NWLR<br>(pt 553), 283 – – – – – – – 39<br>AKINLADE FALOMO v. LAGOS STATE PUBLIC<br>SERVICE (COMMISSION – – – – – 32</p><p>BANKOLE v. NBC (1968)2 All NLR 371- – – 18<br>BRAVE v. CONDLER (1895)2 QB 293 — – – 10<br>CALLIL v. CARBOLIC SMOKE BALL CO.<br>(1893)1 GB 256 – – – – – – – 1<br>CHUKWUMAH v. S.P.D.C. (1993) 4 NWLR<br>pt 568, 512 – – – – – – – – 37<br>COLEMAN v. MAGNET JOINERY LTD<br>(1975) 1 CR 46 – – – – – – – 34<br>CONDOR v. BARON KNIGHTS LTD.<br>(1966) 1 WLR 87 – – – – – – – 11<br>10. COWEY v. LIBERIAN OPERATIONS LTD<br>(1966) 2 lloyd’S Rep. 45 – – – – – 8<br>CURRIE v. MISA (1875) L.R. 10 – – – – 2<br>DE FRANCESCO v. BARNUM (1890) 45<br>CH.D. 430, 438 – – – – – – – 39<br>DON EDWARD ADEJUMO v. UCH BOARD OF MANAGEMENT (1997)2 UILR 145 – – – 13,22<br>DR. BABATUNDE OWOLABI SANGUNUGA v. AKINWU MOTOR & ANOR. (1980) decided on 7th March – 48</p><p>EJEGI v. AGIP NIGERIA LTD. (1968) 4 A.C. 99 – 39<br>EWEROMI v. A.C.B. (1978)4 A.C. 99 – – – 29<br>GEORGE NICOL v. ELECTRICITY CORPORATION<br>(1965) LLR 261 – – – – – – – 13<br>GOULD v. STAURT (1896) A.C. 375 – – – 14<br>GWAGOH v. BENDEL STATE HOSPITAL<br>MANAGEMENT BOARD. – – – – 45<br>HALSBURY’S LAWS OF ENGLAND – – – 12<br>HALL v. PARSON (1978)1 CH. 14, 69 – – – 28<br>HAROID FIELDING LTD. v. MANSI (1974)1<br>RLR 79 – – – – – – – – 4<br>HART v. MILITARY GOVERNOR, RIVER STATE<br>NO. 17 OF 1984 – – – – – – – 26<br>HEYMAN v. DROWINS LTD. (1942) 1 All<br>ER 337, 341 – – – – – – 33<br>HILL v. C.A. PARSON AND CO. LTD. (1971)3<br>ALL ER 1347 (CA) – – – – – – 38<br>INTERNATIONAL DRILLING COMPANY (NIG)<br>LTD. v. AJIJALA (1976) 2 S.C. 115 P.9, 584 – – 48<br>IREM v. OBUBRA DISTRICT COUNCIL (1960)5<br>F.S.C. 24 – – – – – – – – 16</p><p>JOSIAH LAOYE v. CIVIL SERVICE COMMISSION<br>(1989)2 NNLR 652 – – – – – – 32<br>KONDA v. GOVT. OF THE FEDERATION OF<br>MALAYA (1962) A.C. 322 – – – – 31<br>LAW LONDON CHRONICLE LTD. (1959)2<br>ALL E.R. 285 – – – – – – 23<br>MCCLELLAND v. NORTHERN IRELAND<br>GENERAL HEALTH SERVICES BOARD (1957)1<br>WLR 594 (HL) – – – – – – – 37<br>MOBIL OIL NIG. LTD. v. AKINFOSILE<br>(1969) NMLR 217 – – – – – – 37, 48<br>MOELLER v. MONNIER CONSTRUCTION<br>(NIG) LTD. (1961) 1 ALL NLR 167 – – 16<br>MORTON SUNDOUR FABRICS LTD. v. SHAW<br>(1966)2 KLRI 25 – – – – – – – 27<br>N.A.L.G.O. v. BOLTON CORPORATION (1943)<br>A.C. 166 – – – – – – – 5<br>NDILL v. OKARA AND SONS (1976) 11 S.C. 211- 26<br>NOKES v. DONCASTER AMALGAMENTED<br>COLLINERISES LTD. (1946) A.C. 1014 – – 10<br>NUNMINK v. COSTAIN DREDGING LTD.<br>(1960) LLR 90 – – – – – – – 13<br>O.A. MARTINS v. BRAITHWAITE AND CO. LTD.<br>(1972) 2 CH. 72. 52 – – – – – 15<br>ODIASE v. AUCHI POLYTECHNIC (1998)4<br>NWLR pt. 546 – – – – – – 18<br>OLANIYAN v. UNIVERSITY OF LAGOS (1969)2<br>ALL E.R. 216 – – – – – – 25,40<br>OLANIYAN (SUPRA) 1985 – – – 26, 29, 35<br>OLAREWAJU v. AFRIBANK (2001) 13<br>NWLR pt. 731, 691 – – – – – 37<br>OLATUNBOSUN v. MISER COUNCIL (1988)3<br>NMLR pt. 80, 89, 49 – – – – – 31<br>OSISANYA v. AFRIBANK (NIG) PLC<br>(2007)6 NWLR p.9 565 – – – – – 36<br>OYEDELE v. L.U.T.H. (1990)6 NWLR<br>pt. 155, Pg. 199 – – – – – – – 45<br>PEPPER v. WEBB (1959)2 ER 285. – – 24<br>PROVINCIAL TRANSPORT SERVICES v. STATE<br>INDUSTRIAL COURT AIR 1963 SC 114, 116. – 38<br>49. ROAD TRANSPORT INDUSTRY TAINING<br>BOARD v. ONGARO (1943) A.C. 166 – – – 4<br>ROSE AND FRANK v. CROMPTON (1923)2<br>K.B. 261 – – – – – – – – 2<br>SINCLAIR v. NEIGHBOUR (1966)3 ALL ER 988 – 13<br>STANGE (SW) LTD. v. MANN – – – – 8<br>STOCCO v. MAJA (1964)2 ALL NLR 35 – – 13<br>TIMBERS v. PLYWOOD LTD. (1966) 1 ALL<br>NLR 87 – – – – – – – – 23<br>VINE v. NATIONAL DREK LABOUR BOARD<br>(1956)1 ALL E.R. pg. 8. – – – – – 33<br>TABLE OF STATUTES</p><p>The 1999 Constitution of the Federal Republic of Nigeria:</p><p>S. 33 (1) – – – – – – 30, 35, 46</p><p>S. 36 (1) – – – – – – 30, 35, 46</p><p>The Nigerian Labour Act Cap. L1 LFN 2004:<br>S. 2 – – – – – – – 9, 44<br>S. 7 – – – – – – – 43<br>S. 9 (7) – – – – – – – 9, 21<br>S. 10 (1) – – – – – – – 4<br>S. 11 (1) – – – – – – – 20, 30<br>S. 15 – – – – – – – 11<br>S. 19 – – – – – – – 3<br>S. 20 – – – – – – – 14, 15<br>S. 59 (8) – – – – – – – 3<br>S. 61 (3) – – – – – – – 3<br>S. 91 – – – – – – – 3<br>ABBREVIATIONS<br>1. N.W.L.R. – Nigerian Weekly Law Report<br>2. N.M.L.R. – Nigeria Monthly Law Report<br>3. N.S.C.C. – Nigerian Supreme Court Cases<br>4. C.C.H.C.J. – Certified Copies of High Court<br>Judgment<br>5. All N.L.R. – All Nigerian Law Reports<br>6. F.S.C. – Federal Supreme Court<br>7. H.L. – House of Lord Report<br>8. A.C. – Appeal Cases<br>9. Ch. App. – Chancery Appeal<br>10. Q.B.D. – Queens Bench Division<br>11. K.B. – Kings Bench<br>12. L.T.R. – Law Times Report<br>13. Ch. D. – Chancery Division<br>14. S.C. – Supreme Court<br>15. N.C.L.R. – Nigerian Constitution Law Report<br>16. W.N.L.R. – Western Nigerian Law Report<br>17. N.N.L.R. – Northern Nigerian Law Report<br>18. All E.R. – All England Report.<br>19. E.R. – English Report<br>20. Exch. – Exchanger<br>21. N.L.J. – Nigerian Law Journal<br>22. L.L.R. – Lagos Law Report.<br>23. W.L.R. – Weekly Law Report<br>24. U.I.L.R. – University of Ife Law Report<br>25. E.N.L.R. – Eastern Nigerian Law Report<br>26. S. – Section<br>27. pp. – Page</p> <br><p></p>Project Abstract
AbstractThe wrongful termination of contracts of employment in Nigeria has become a pressing issue that requires urgent attention. This research examines the legal framework surrounding the termination of private employees in Nigeria and argues for the reinstatement of employees who have been wrongfully terminated. The study delves into the various factors that contribute to wrongful termination, including lack of job security, arbitrary dismissals, and unfair labor practices. It explores the current provisions under Nigerian labor laws and judicial decisions related to wrongful termination cases. Through a comprehensive analysis of relevant legislation, case law, and scholarly articles, this research highlights the need for stronger protections for private employees in Nigeria. It argues that reinstatement of wrongfully terminated employees is a necessary remedy to address the imbalance of power between employers and employees. The study also considers the economic implications of wrongful termination, both for the affected employees and the broader society. Furthermore, the research discusses the challenges faced by private employees in seeking redress for wrongful termination, including lengthy legal processes, lack of awareness of their rights, and inadequate enforcement mechanisms. It proposes recommendations to enhance the legal framework and enforcement mechanisms to better protect the rights of private employees in Nigeria. These recommendations include strengthening labor laws, providing better access to legal aid, and promoting alternative dispute resolution mechanisms. Overall, this research contributes to the ongoing discourse on labor rights in Nigeria and emphasizes the importance of reinstatement as a remedy for wrongful termination of contracts of employment. By advocating for the reinstatement of private employees who have been wrongfully terminated, this study seeks to promote fairness and justice in the employment relationship and ensure that employees are treated with dignity and respect in the workplace.
Project Overview
1.1 Introduction
A contract of employment is an agreement between two or more persons relationship established by contract, creating an obligation to do a particular thing in a contract of employment.
1.2 Meaning and Nature
The nature of contract of employment is the relationship between an employer and his employee comes into existence as a result of a contract between them generally referred to a contract of service, which means any agreement whether oral or written, expressed or implied, where by one person agrees to employ another as a worker and that other person agrees to serve the employer as a worker as contained in Labour Act
Generally, the contract of employment is an off-shoot of our general law of contract where the essential ingredients of the contract must be found present before it’s enforceability.
1.2.1 Offer and Acceptance
In every contract of an employment, there is a meeting of the minds of the parties before the enforceability of the contract. That is to say, an offer must be made by one party called (offeror) as in Callil v. Carbolic Smoke Ball Co. and the acceptance of the offer by the other party called (offeree) as in the case of Afolabi v. Polymera Ind. Nig. Ltd. This principle of offer and acceptance entails freedom of both parties to offer and accept unconditionally the terms of employment.
1.2.2 Consideration
In a contract of employment, where there is an offer and acceptance by both parties to the contract of services, there must be a consideration to furnished the contract, describing some rights, interest, profit or benefit occurring to one party or some fore-bearance detriment, loss or responsibility given, suffered or undertaking by the other. The above explanation was illustrated in the case of Currie v. Misa Therefore, consideration in the contract of employment is the salary and other fringe benefits which an employee earns on one part and services which an employer receives on the other part.
1.2.3 Intention to create Legal Relation
The relationship between an employer and employee is established by contract. Where both parties agreed on the terms of the contract of employment, creating a common intention of both parties to enter into a legal obligation that is contained in the employment agreement Rose and Frank v. Crompton
1.2.4 Capacity
The law is settled that parties to a contract of employment must possess the capacity of contract as recognized by law at common law. Certain categories of persons namely; infants, mentally infirm and disordered person and drunkards in certain circumstance are incapable of entering into a contract. This has been specified in our statute Nigeria Labour Act 2004.
In the case of an infant, the law forbids to engage a person (child) below the age of sixteen years from entering into any contract of employment except that of an apprenticeship. But the Act provides in Section 19(1) of the Labour Act 2004 that a child under twelve years of age can be employed only by a member of his family and even then, subject to his rights, agricultural, horticultural or domestic work approved by the Minister of Labour as stated in Section 91(1) (a) Labour Act.
However, Section 59 of the Act is an exception apparently to enable a youth receive his education in a technical school. In respect of working on a ship in general, Section 61 (3) of the Act provides that even when the non-adult is allowed to be so employed, he can work only on a vessel in which only members of the same class are employed.
Under Section 59 of the Act, the Minister of Labour has power to notify an employer in writing that the kind of work in which a young person is employed is injurious to his health, immoral or otherwise unsuitable.
Finally on mentally infirm and disordered person are persons who are insane, unsound minds incapable of being conscious and rational thinking on the obligation of the terms of the contract of employment.
1.3 Parties to a Contract of Employment
A contract of employment or services is entered into and enforceable by the employers and the employees, which automatically forms or constitute the major parties to a contract of employment in Nigeria Labour Law.
A person who is in a contract of employment with another cannot be transferred to another employer without his consent. This is in conformity with the provision Section 10 (1) of the Act which provides as follows
“The transfer of any contract from one employer to another shall be subject to the consent of the worker and the endorsement of the transfer upon the contract by an authorised labour officer”.
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