WRONGFUL TERMINATION OF CONTRACTS OF EMPLOYMENT IN NIGERIA
ABSTRACT
The research focuses on analyzing the variables and critical issues in the concept of wrongful termination of employment contract in Nigeria. It provides a conceptual study on the nature of the contract of employment and the wrongful termination of the employment contract. It elucidates the remedies available for the wrongful termination of employment contracts and portrays the significance of employment contracts in Nigeria.
TABLE OF CONTENTSTitle page - - - - iApproval page - - - - ii Dedication - - - - iiiAcknowledgement - - - ivAbstract - - - - vTable of Contents - - - viTable of Cases - - - ixTable of Statutes - - - xiiAbbreviations - - - xiv
CHAPTER ONE: CONTRACTS OF EMPLOYMENT: MEANING AND NATURE1.1 Introduction - - - 11.2 Meaning and Nature of Contract of Employment 11.2.1 Offer and Acceptance - - 2 1.2.2 Consideration - - - 31.2.3 Intention to Create legal relation - - 41.2.4 Capacity - - - 41.3 Parties to a Contract of Employment - - 61.3.1 Employer - - - 71.3.2 Employee - - - 81.4 Independent Contractor - - 81.5 Why an Employee needs Protection - - 91.6 Conclusion - - - 11
CHAPTER TWO:TERMINATION OF CONTRACT OF PUBLIC EMPLOYMENT2.1 Introduction - - - 132.2 Under Public Employment - - 132.3 Different methods of Termination of Contract of Employment - - - 152.3.1 Termination by Operation of Law - 162.3.2 Termination by Intention of Parties - 202.3.3 Summary Dismissal - - 272.3.4 Conclusion - - - 30
CHAPTER THREE: WRONGFUL TERMINATION OF CONTRACT OF PRIVATE EMPLOYMENT3.1 Introduction - - - 333.2 Wrongful Termination of Contract of Private Employment - - - 343.2.1 Lack of Just Cause - - - 363.2.2 Wrong Procedure - - - 423.2.3 Lack of Proper Notice - - 463.2.4 Breach of the Rules of Natural Justice - 513.2.5 Conclusion - - - 55
CHAPTER FOUR: REINSTATEMENT4.1 Introduction - - 584.2 Reinstatement - - - 594.3 Conclusion - - 70
CHAPTER FIVE:OBSERVATIONS, SUGGESTIONS AND CONCLUSION5.1 Introduction - - - 725.2 Observation and suggestions - - 735.3 Conclusion - - - 82Bibliography - - - 86
CHAPTER ONE 1.1 Background of the study The indiscriminate nature of wrongful termination of employment contract and its damaging consequences constitute the fundamental reason for this study. Through the law provides for remedies of wrongful termination of employment, only a few seek redress in the appropriate legal procedures. The ill effect turns out not only to the person in question but to the family, society and the nation at large. It constitute a damage on the nation’s human capital, under-utilization and waste of human resources, it leads to other social vices and crimes in the society. Wrongful termination of employment constitute a breach of trust, confidence and food faith which constitute moral values that builds not only employment contracts but the human society and the nations integrity in the deployment and utilization of available capacity and human resources. Wrongful termination of employment results in emotional distress, hurt and humiliation. It affects the well-being of the family and society, it leads to loss of income, power and reduces economic and commercial activities. The cumulative effect of this action is a gross damage and loss in the nation’s resources, economic and commercial activities as well as on its integrity.
1.2 STATAEMENT OF RESEARCH PROBLEM The issue of wrongful termination of employment contract is at an increasing rate and its damaging effect permitting every society to and the nation at large. While little or no consideration is given to it, the ideal of social values, capacity utilization, effective human resource development, economic and commercial activities as well as per capita and national gross income is mitigated while the modern contract of employment is govern by the general law only few seek redress in the context of wrongful termination of employment contract. Therefore, the problem confronting this research is the wrongful termination of the employment contract in Nigeria.
1.3 RESEARCH QUESTION i What constitute wrongful termination of employment contract? ii. What are the causes of wrongful termination of employment contract? iii What are the effect of wrongful termination of employment contract? iv What are the remedies of wrongful termination of employment?
1.4 OBJECTIVE OF THE STUDY i. To provide detailed study on the nature of employment contract ii To provide a vivid description of the condition of wrongful termination of employment iii To highlight causes of wrongful termination of employment contract iv To show the effect of wrongful termination of employment contract v To highlight the remedies of wrongful termination of employment contract
1.5 SIGNIFICANCE OF T HE STUDY 1. it shall provide detailed information and vivid understanding on the nature of employment contract 2. To enable managers and consultants understand the nature of wrongful termination of employment contract 3. it shall portray the damaging effect wrongful termination of employment 4. it shall provide detailed information to employer on the possible remedies for wrongful termination of employment contract 5. it shall save a really source of information for employer, managers, consultants, students, etc. on wrongful termination of employment contract
1.7 SCOPE OF THE STUDY The study is centered on wrongful termination of employment contracts in Nigeria.
1.8 DEFINITION OF TERMS WRONGFUL TERMINATION OF EMPLOYMENT CONTRACT Definition: Wrongful termination of employment contract occurs when an employer has terminated the employee otherwise than in accordance with the contract. The bridge may be to give notice, failure to follow procedure that may be required under the particular contract prior to termination or summarily dismissing an employee for misconduct in circumstances that do not warrant summary dismissal (CHRISTOPHER LAWRENCE, 2012, EDMOND BARTON CHAMBER, CLE SEMINAR).
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