Benue State University, Makurdi

Determination of Contract of Employment through Termination and Dismissal: The Current Trends in Nigeria

E.A. Kenen

Abstract

One of the major concerns of labour and employment law is to ensure the security of tenure of employment for employees. This may be achieved by the provisions or principles of law which ensure that employees’ contracts of employment are not determined unjustifiably. Two of the ways in which a contract of employment may be brought to an end are through termination or dismissal. The termination or dismissal may be unlawful in case of employment with statutory flavour (public employment) or wrongful in case of employment regulated by the common law rules of master and servant (private employment). While in the former, security of tenure is ensured by ordering re-instatement, in case of the latter, only damages may be awarded. It is in the area of wrongful determination of the contract of employment in private employments and the measure of damages awarded by the courts that is of primary concern to this paper. Are these damages adequate to provide succour to employees in the event that they lose their employments? It has been found that Nigerian courts particularly the National Industrial Court (NIC) have now moved away from the conservative and harsh position at common law where only paltry sums are awarded by way of salary in lieu of notice to a more progressive stance where substantial damages by way of general damages are now awarded. It has also been found that any time a leeway is provided by the appellate courts (Court of Appeal and Supreme Court) to cushion the effect of strict adherence to the common law position, the National Industrial Court always cashes in on the situation in awarding substantial damages to deserving litigants or claimants. Furthermore, the award of substantial damages has been extended by the NIC to loss of expectation interest. In some deserving cases, the National Industrial Court has even awarded damages up to retirement age. The National Industrial Court’s position in this regard is commendable and it is my recommendation that the National Industrial Court should keep up the spirit. This way, the security of tenure of employment may be guaranteed even if not by re-instatement, but by the award of substantial damages in case of wrongful determination especially in private employments.

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