Unfair Dismissals in the Workplace: An Appraisal of the Available Remedies - The Nigerian Example

Abstract

The question of what remedies are available in the event of the termination of the contract of employment of an employee without recourse to the terms of the contract of employment between the employer and employee is one that is on the front burner of litigation on labour matters. It is no news that of all matters adjudicated by the courts on labour relations; at least ninety percent of these matters are based on unlawful termination of the contract of employment. In view of this, the aim of this project is to determine what remedies are available in the event of an unlawful dismissal or termination of the contract of employment of an employee. To this end, an examination of the modes of termination and the position of the employee both under common law and statutory law has been undertaken. Furthermore, an examination of the remedies available to the injured party taking into consideration the judicial decisions in the courts both Nigerian and foreign. Also, the effects of international labour conventions on termination of employments were looked at and the applicability of these conventions to Nigeria were examined. Is the court bound to bring its decisions within the purview of what is known as International best practices? Finally, the position of the National Industrial Court and its attitude to cases of unfair dismissals is examined. Is the attitude of the NIC towards termination of employment and the remedies available to the injured party different from that of the regular courts? What factors come into play when the NIC awards compensation to the injured party when his contract is wrongfully terminated? In conclusion, it is noted that despite all the remedies available to the employee, the remedy mostly ordered by the court is an award of damages. The courts are always loath to order reinstatement of the employee except in cases involving statutory employers because You cannot force a willing employee on an unwilling employer. Thus, most times, the remedy of damages is the only remedy available to the employee.