ABSTRACT
Wrongful
termination of contract of employment is a termination in branch of express or
implied mode, for the determination of contract of employment. This wrongful
termination has consequently led to integration and counter integration on the
rights of both the employer and employee. It is due to the reoccurring
disharmony, that this project research
work is geared towards examining the remedies an employee is entitled to when
his contract of employment has been wrongfully terminated.
This research work
will discuss the relationship between the employer and employee. Thus, the
topic of the project research work is “an examination of remedies for wrongful
termination of contract of employment in Nigeria”. The background of the study,
the statement of the problem, research question, objectives of the study,
research methodology, relevance of the study, scope of the study and limitation
of the study were all discussed in its chapter one, the history of contract of
employment and definition of the basic terms of contract of employment are
discussed in the second chapter. Also, an explanation of who an
employer/employee was drawn. Contract of service and the contract for service
were also talked on in the same chapter. In the second chapter as well, the history
and nature of contract of employment was buttressed likewise, the vitiating
elements of contract of employment and its terms were discussed. Meaning of
wrongful termination of contract of employment, which is the crux of this work,
was elaborated in the third chapter. When an employee has been wrongfully
dismissed, the remedies a court of law can award were discussed in the fourth
chapter. A better comprehension of these remedies put one in a better position
when seeking for remedies to his/her contract that has been wrongfully
terminated. Conclusion and recommendation are contained in the last chapter. It
contained discoveries the researcher has made in the course of the research
work. This chapter contain recommendations the researcher has for the employer
and employer towards reducing the disharmony that arise from their
relationship.
CHAPTERIZATION
CHAPTER ONE: GENERAL INTRODUCTION
1.1 Background of the Study
1.2 Statement of Problem
1.3 Research Questions
1.4 Objectives of the Study
1.5 Research Methodology
1.6 Relevance of the Study
1.7 Scope of the Study
1.8 Limitations of the Study
CHAPTER TWO: CONTRACT OF EMPLOYMENT
2.1 History of Contract of Employment
2.2 nature of Contract of Employment
2.3 Definition of Basic Concepts in Contract
of Employment
2.4 Distinction between Employer and Employee
2.5 Distinction
between Contract of Service and Contract for Service
2.6 Vitiating Elements of Contract of
Employment
CHAPTER
THREE: WRONGFUL TERMINATION OF CONTRACT OF EMPLOYMENT
3.1 Meaning of wrongful Termination of
Contract of Employment
3.2 Wrongful Termination and Contract of
Employment
3.3 Statutory Contract of Employment and its
Enforcement
CHAPTER
FOUR: REMEDIES FOR WRONGFUL TERMINATION OF CONTRACT OF EMPLOYMENT
Examination of remedies for wrongful
termination of contract of employment
4.1 Damages
4.2 Declaration and injunction
CHAPTER FIVE: CONCLUSIONS
5.1 Observations
5.2 Recommendations
5.3 Conclusion
Bibliography
CHAPTER FIVE
CONCLUSION AND RECOMMENDATION
A proper evaluation of relationship between an employer
and employee in the labour market reveals that the employee, in the process of
negotiating for his employment, most often than not, do not have much say on
the terms of the contract of employment. There is a want of equality of
bargaining power between employer and employee.
There is no doubt that employer, whether in the public
service or private sector have the right to dispense with the services of their
employees, for the courts are not always ready to impose an unwilling master on
a willing servant. However, the employer is expected to comply with the terms
and conditions of the contract in discharging the services of the employee.
Consequently, in a contract of employment where the
terms of the contract employment were not expressly provided for, the employer
is expected to deal with the employees with diligent. That is, the terms to be
implied. Similarly, right to fair hearing should be applied when dealing with
determining of employee’s contract of employment. This right to fair hearing
suggests being tried by an unbiased tribunal, which is the cornerstone of
justice and must be applied in any situation, whether judicial or quasi
judicial. In Osumah v Edo Bvroadcasting Service, the court
opined:
“Fair hearing implies the right of a party to know what is being urged against him, what evidence or statements had been mad concerning him and is entitled to opportunity to correct or challenge them.” The right of a person to fair hearing is so fundamental to our concept of justice that it could neither be waived nor taken away by a statute, whether expressly or by implication. Fair hearing is not only a common law right, but also a contractual right.
“Fair hearing implies the right of a party to know what is being urged against him, what evidence or statements had been mad concerning him and is entitled to opportunity to correct or challenge them.” The right of a person to fair hearing is so fundamental to our concept of justice that it could neither be waived nor taken away by a statute, whether expressly or by implication. Fair hearing is not only a common law right, but also a contractual right.
Again, it is an accepted standard that, if there is no
legislation that regulates the employment of master and servant in public sector
that one exercising a judicial or quasi-judicial power should act fairly. The
duty to act fairly is an implied one.
3
In an employment with statutory backing, it must be terminated in the way and
manner presented by the relevant statutes. Any manner of termination that is
contrary to the provision shall be declared null and void and of no effect. But
in other cases governed only by agreement of the parties and not by statute,
removal by way of
‘(2005) ALL FWLR (Pt 253) P 773 @ 775 2 ibid
Edim Kooffresh CJ, Udo University of Calaber Suit No MSC/8/78.
J1 termination of appointment or dismissal will be in form agreed to. Any other form connotes wrongful termination or dismissal but not to declare such dismissal null and void.4 When an employee’s appointment has been terminated in a wrongful manner, such an employee is entitled to remedy, which could be a payment of damages or other similar relief to be granted by the court. If such is terminated contrary to statutory provision, then declaration and injunction would be ordered.
‘ Registered Trustees, PPFN v Shogbola (2004) 11 NWLR (Pt 883) P.1 @ 6.
BIBLIOGRAPHY
Black’s Law Dictionary Sixth Edition And Eighth Edition.
E.E Uvieghara, Labour Law In Nigeria, Maithouse, Lagos Nigeria. 1st (ed) 2001
E I Sagay, Nigerian Law Of Contract 1985
New International Webster Dictionary Of English Language.
N.M Selwyn, Selwyn’s Law Of Employment, Butterworth’s. London,9th (ed) 1996.
Okene O.V.C Industrial Law In Nigeria.
Tony Nwazuoke, Introduction To Nigerian Labour Law. The
Department Of Public Law And Jurisprudence Ogun State, i
(ed) 2001.
Smith & Wood’s, Industry Law, Butterworths, London Dublin. 6th (ed) 1996.
Rodger’s, Principle Of Labour Law, Sweet And Maxwell, London 5TH (ed) 1989, P. 134.
Wikipedia The free Encyclopedia (www.wikipedia. corn)
Black’s Law Dictionary Sixth Edition And Eighth Edition.
E.E Uvieghara, Labour Law In Nigeria, Maithouse, Lagos Nigeria. 1st (ed) 2001
E I Sagay, Nigerian Law Of Contract 1985
New International Webster Dictionary Of English Language.
N.M Selwyn, Selwyn’s Law Of Employment, Butterworth’s. London,9th (ed) 1996.
Okene O.V.C Industrial Law In Nigeria.
Tony Nwazuoke, Introduction To Nigerian Labour Law. The
Department Of Public Law And Jurisprudence Ogun State, i
(ed) 2001.
Smith & Wood’s, Industry Law, Butterworths, London Dublin. 6th (ed) 1996.
Rodger’s, Principle Of Labour Law, Sweet And Maxwell, London 5TH (ed) 1989, P. 134.
Wikipedia The free Encyclopedia (www.wikipedia. corn)
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