Wreaking Havoc on the System: An Examination of Nigeria’s Constitutional Reform, the National Industrial Court and the Employer’s Right to Unconditionally Terminate Employment

Abstract

Following the recreation of the National Industrial Court (NIC) in 2010 through constitutional amendment (and constitutional provisions that allow this court to apply international best practice, international labour standards, international conventions, treaties and protocols in the resolution of labour and industrial disputes) the NIC has handed down decisions that sharply contradict well-established principles of law, including Supreme Court decisions in respect of the employer’s right to terminate an employment without reason. This article reviews the surrounding principles and argues that these NIC decisions are wrong. The article also questions the power donated to the NIC by the Legislature to apply international best practice, international labour standards, and international labour conventions that are not part of the sources of law in Nigeria. The article finds that these constitutional provisions are problematic and their application by the NIC is not justified in law. The article concludes that despite the constitutional reforms, the well-established legal principle allowing an employer to terminate with or without reason remains the law in Nigeria.