1.1       Background of the Study
            The history of the employment contract dates back to the ancient Rome, according to the book “The employment contract and the changed world of work” by Stella Vettori. It marked the beginning of the relationship between employer and employee. Contract made fundamental distinction between employment for work and employment for service. The contract was unequal, in that the standing of the employer was held in higher regard than that of the employee. Laws governing employment contract have undergone numerous permutations since that time and are constantly evolving.

            Evolution had it that as contract and civilizations become more complex in western Europe, the guarantor of contract shifted from God, in the form of Roman Catholic Church, to the state, in the 14th century, the English parliament codified the unequal basis of the employer-employee relationship by passing a law that called for penalties against an employee in breach of an employment contract, punishment for employees found in violation of the contract includes lashings, imprisonment, forced labour and fines. The inequalities persisted with long hours of work and low wages. Still speaking, it was not until the end of 19th century Master-Servant law survived as the basis for employment. It was then that both parties, employer and employee, were viewed as entering into employment contracts by mutual consent.

            However, a huge disparity existed for many years between the power wielded by employers versus that of the employee the counts backed this fundamental inequality giving employers control and employees no recourse to recover damages for such things as injuries received at work.
            Moreover, long before unions become prevalent and began winning workers rights recognition in the court there was a growing sense of unfairness about the employer-employee relationship that led to violent and often deadly confrontations. In 1833, 18,000 Cotton workers struck in the central valley of Califonia; four workers were killed before the strikers won a pay increase. One of the famous uprisings was in 1877 when 10 coal mining activists were hanged in Carbon County. The group was known as the molly maguires. Three weeks later, rail road workers struck with two other unions, bringing railway traffic across the united states to a halt. Federal troops were called in to end the strike, killing 30 workers and wounding 100 more. It was not until 1962 when President John F. Kennedy signed an executive order allowing limited collective bargaining for federal employees that the tide officially turned foreshadowing the executive act however, was the establishment of a national minimum wage of 25 percents per hour in 1935. It was struck down by the courts and re-instituted in 1938 at the same rate and the rate has increased over the years, a minimum wage has remained in place since.
            Nevertheless, there are some benefits noticeable in contract of employment thus; those businesses which handle highly sensitive information may choose to make employment contract standard in order to prevent former employers from sharing information or using it against the company. Contracts also help companies control employee productive during employment of the contract specifics performances standard that the employee must meet, the employer can cite those standard as grounds for dismissal if  he/she need to fire the employee at a later date due to poor performance. However the advantages aren’t all tied to termination; contracts may also entice highly skilled workers with the promise of Job Security, benefits, and clear expectation for the position.
            Moreover, in line with wrongful termination of employment contract the following damages or remedies is available to the innocent party including
_          Without Prejudice to sections 9, 10 or 11(2) where a contract of employment is terminated otherwise than in accordance with sections 6 or 7, a sum equal to the amount of wages that would have been payable had contract been terminated in accordance with section 7 shall be payable by the party terminating the contract to the other  party.
_          Without prejudice to sections  9, 10 or 11(2) where a party to a contract of employment having given proper notice in accordance with section 6 thereafter terminates the contract before the expiry of the period of notice other wise than in accordance with section 7, such proportion of the sum referred to in subsection (1) as in proportionate to the period between the termination of the contract and the time when the notice given would have expired be payable by the party terminating the contract to the other party.
_          For purpose of calculating the sum referred to in subsection (1) where the party terminating the contract has not given notice of the termination to the other party in calculating the daily average or monitoring average of the wages earned by the employee in accordance with section 7, the reference in that section  to the date on which the party terminating the contract gives notice of the termination to the other party or to the date of notification is to be construed as a reference to the date of termination of the contract.
1.2       Statement of the Problem
            Employer sometimes decides that they want to change the contract after it has already been signed which is not easily done.
            Changing the terms at a later will require fresh employment negotiations to which the employee may not be amenable especially if the new terms involve a short contract length or fewer benefits.
            Contracts of employment holds an obligation on the employer to abide by the covenant of good faith and fair dealing which can penalize employee if they violate the contract on fails to act in good faith towards the employer.
            Employees may sometimes find it difficulty to change employment if they have agreed to set out time period in the contract.
            Generally speaking, employers that are under contract are not “at will” employee because the contract will spell out the specific grand on which the employer can terminate the employee.
            Some other employees are required to sign written agreements that stated that their employment is at will, meaning that the employer can fire them at any time for any reason (as long as the reason is not illegal).
Employers that work at will often get their employees to sing employee handbook acknowledgement or other document that states that the employer known his or her employment is at will. These documents unlike “regular” employment contracts do not limit an employer’s ability to terminate an employee.
1.3       Research Questions
1.         What is contract of employment?
2.         Who is an employer?
3.         Who is an employee?
4.         Who is an independent contractor?
5.         What are the natures of contract of employment?
6.         Distinction between employer and employee?
7.         What are the distinction between contract of service and contract for service?
8.         What is wrongful termination of contract of employment?
9.         What are the remedies for wrongful termination of contract of employment?
10.       What are the vitiating elements of contract of employment?
1.4       Objectives of the Study.
a.         To bring out the meaning and history of contract of employment.
b.         To examine the remedies for wrongful termination of contract of employment.
c.         To examine the legal frame work for the protection of employers and employees in the contract of employment
d.         To examine the appropriate remedies in contract of employment.
e.         To proffer workable environment between the employers and employee.
1.5       Research Methodology
            This research work adopted multiple/ different methods on the cause of its findings which includes:
(1)       Primary Sources of data i.e. subsidiary instrument, judicial authorities etc.
(2)       Secondary Sources of data was also of immense assistance in clarifying some knotty issues.
(3)       Documentary analysis, observation and cross data validity checks will also be made.
(4)       In this age of ICT, we cannot but exploit the opportunities posed by the internet in order to know the current views of different scholars and commentators in this field and as well get acquainted with the moving trend in the world of I.C.T.
1.6       Relevance of the study
            This work being an appraisal in a sensitive area of law, it’s important or benefits to all employers and employees, trade union government, labour union congress, business organization, master/servant relationship can not be over emphasized.
1.7       Scope of the Study
            In as much as this work is titled the examination of remedies for wrongful termination of contract of employment it shall focus or have its scope or limited to commerce and industry, within the sphere of employer and employee, in the sense that administrative and technical personnel cannot fall under it except where there is Master/Servant relationships.
            This work will also be limited to problems posed by employment contract in Nigeria
1.8       Limitation of the Study
            An examination of remedies for wrongful termination of contract of employment in Nigerian like every other discussion on various field of learning and human endeavours has certain inherent limitations some of these limitation general arise from the facts that this area of study has not received much of the attention needed from Nigeria legal scholars.

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