WRONGFUL TERMINATION OF CONTRACTS OF EMPLOYMENT IN NIGERIA: A CASE FOR REINSTATEMENT OF PRIVATE EMPLOYEES

WRONGFUL TERMINATION OF CONTRACTS OF EMPLOYMENT IN NIGERIA: A CASE FOR REINSTATEMENT OF PRIVATE EMPLOYEES

TABLE OF CONTENTS
Title page – – – – i

Approval page – – – – ii
Dedication – – – – iii
Acknowledgement – – – iv
Abstract – – – – v
Table of Contents – – – vi
Table of Cases – – – ix
Table of Statutes – – – xii
Abbreviations – – – xiv

CHAPTER ONE:
CONTRACTS OF EMPLOYMENT:
MEANING AND NATURE

Introduction – – – 1
Meaning and Nature of Contract of Employment 1
Offer and Acceptance – – 2
Consideration – – – 3
Intention to Create legal relation – – 4
Capacity – – – 4
Parties to a Contract of Employment – – 6
Employer – – – 7
Employee – – – 8
Independent Contractor – – 8
Why an Employee needs Protection – – 9
Conclusion – – – 11
CHAPTER TWO:
TERMINATION OF CONTRACT OF
PUBLIC EMPLOYMENT

Introduction – – – 13
Under Public Employment – – 13
Different methods of Termination of Contract
of Employment – – – 15
Termination by Operation of Law – 16
Termination by Intention of Parties – 20
Summary Dismissal – – 27
Conclusion – – – 30

CHAPTER THREE:
WRONGFUL TERMINATION OF CONTRACT OF PRIVATE EMPLOYMENT

Introduction – – – 33
Wrongful Termination of Contract of Private
Employment – – – 34
Lack of Just Cause – – – 36
Wrong Procedure – – – 42
Lack of Proper Notice – – 46
Breach of the Rules of Natural Justice – 51
Conclusion – – – 55
CHAPTER FOUR:
REINSTATEMENT
Introduction – – 58
Reinstatement – – – 59
Conclusion – – 70
CHAPTER FIVE:
OBSERVATIONS, SUGGESTIONS
AND CONCLUSION
Introduction – – – 72
Observation and suggestions – – 73
Conclusion – – – 82
Bibliography – – – 86

TABLE OF CASES

AFOLABI v. POLYMERA IND. NIG. LTD.
(1967) N.SC.C. 158 – – – – – 2
AFRIBANK v. NWANZE (1998) 6 NWLR
(pt. 553), 283 – – – – – – – 39
AKINLADE FALOMO vs Lagos State University
Service (Commission – – – – – 32

BANKOLE vs. NBC (1968)2 All NLR 371- – – 18
BRAVE V. Kondler (1895)2 QB 293 — — — 10
CALLIL vs. CARBOLIC SMOKE BALL CO. (1893) 1 GB 256 – – – – – – – 1
CHUKWUMAH vs. S.P.D.C. (1993) 4 NWLR
pt 568, 512 – – – – – – – – 37
Coleman vs Magnet Fittings Co., Ltd.
(1975) 1 CR 46 – – – – – – – 34
CONDOR vs. BARON KNIGHTS LTD.
(1966) 1 WLR 87 – – – – – – – 11
Ten COWEY v USA. Liberian Operations Limited
(1966) 2 Royce representative 45 – – – – –
Curry v. Fair (1875) L.R. 10 – – – –
DE FRANCES v. Barnum (1890)
CH.D. 430, 438 – – – – – – – –

Don Edward Adejumo vs. Don. UCH Council (1997)2 UILR 145 – – – 13.22
DR. Sell her to Sangunuga v. Akinwood Motor & anor. (1980) Decided 7 March –

EJEGI v. AGIP Nigeria Ltd. (1968) 4 AD 99-39
EWEROMI vs. A.C.B. (1978) 4 AD 99 – – – 29
George Nicholl v Electricity Corporation
(1965) LLR 261 – – – – – – – 13
Gould v. Stult (1896) A.C. 375 – – – 14
GWAGOH v. State Hospital Bendel
Managing Director. – – – – 45
Halsbury Acts of England – – – 12
Hall v. Person (1978) 1 Ch. 14, 69—28
Haloid Fielding Co. v. Mansi (1974)1
RLR 79 – – – – – – – – –
Heart for USA. River State Guard Governor
I know. 17 Since 1984 – – – – – – – –
Heyman vs America. Drawins Co., Ltd. (1942) 1 All
ER 337, 341 – – – – – – –
Hill vs America. Parson and Company, California, Inc. (1971) 3
ALL HE 1347 (CA) — 38
International Drilling Company (NIG)
GMBH. v. AJIJALA (1976) 2 SC 115 P.9, 584 – – 48
IREM v. Obbra District Council (1960)5
24 – – – – – – – – 16

JOSIAH LAOYE v CIVIL SERVICE COMMISSION
(1989) 2 NNLR 652 – – – – – – 32
KONDA vs. GOVT. of the association
Malaya (1962) AC 322 – – – – 31
LAW LONDON CHRONICLE LTD. (1959) 2
All HE 285 – – – – – – 23
McClelland v. Northern Ireland
Health Care Directorate (1957)1
WLR 594 (HL) – – – – – – – 37
Mobile Oil NIG. GMBH.v. Achilles
(1969) NMLR 217 – – – – – – 37, 48
MOELLER vs MONNIER BAU
(Genetics) Co., Ltd. (1961) 1 ALL NLR 167 – – 16
MORTON SUNDOUR FABRICS LTD. show
(1966) 2 KLRI 25 – – – – – – – –
N.A.L.G.O. Shimomoto Bolton (1943)
AC 166 – – – – – – – –
NDILL vs. OKARA AND SONS (1976) 11 SC 211-26
NOKES v. Doncaster Merger
Corinerise Co., Ltd. (1946) AC 1014 – – 10
NUNMINK v COSTAIN DREDGING LTD.
(1960) LLR 90 – – – – – – – 13
O.A. Martins vs Brightweight & Company GMBH.
(1972) 2CH. 72. 52 — 15
ODIASE vs. AUCHI POLYTECHNIC (1998)4
NWLR points. 546 – ​​– – – – – 18
Oranyan v. Von Lagos University (1969)2
216 – – – – – – 25,40
Olanyan (Supra) 1985 – – – 26, 29, 35
Olarewaju v. Bank of Africa (2001) 13
NWLR points. 731, 691 – – – – – 37
Olatumbosun v. Mizer Council (1988)3
NMLR-Punkt. 80, 89, 49 – – – – – 31per
OSISANYA v AFRIBANK (NIG) PLC
(2007)6 NWLR p.9 565 – – – – – – 36
OYEDELE vs. OYEDELE L.U.T.H. (1990) 6 NWLR
155, p. 199 – – – – – – – –
PEPPER v WEBB (1959)2 ER 285 . – – twenty four
State transportation services and states
Industrial Court Air 1963 SC 114, 116. – 38
49th Road Transport Industry Examination
Bode v. Ongaro (1943) A.C. 166 – – – 4
rose and frank v. Crompton (1923) 2
KB 261 – – – – – – – – 2
Sinclair vs Neighbor (1966)3 ALL HE 988 – 13
Rod (SW) Ltd. v. Male – – – – 8
STOCCO vs. MAJA (1964)2 All NLR 35 – – 13
Woods v. plywood inc. (1966) 1 ALL
NLR 87 – – – – – – – – 23
VINE vs. NATIONAL DREK LABOR OFFICE
(1956) 1 ALL E.R. pg. 8. – – – – – 33
Configuration table

Federal Republic of Nigeria Constitution of 1999:

S. 33 (1) – – – – – – 30, 35, 46

P. 36 (1) – – – – – – 30, 35, 46

Nigeria Labor Law Cap. L1 LFN 2004:

Abbreviations
1.N.W.L.R. – Nigerian Weekly Legal Report

2. N.M.L.R. – Nigeria Monthly Legal Report
3. N.S.C.C. – Litigation in the Supreme Court of Nigeria
4. C.C.H.C.J. – Certified Copy of High Court
evaluation
Five. All N.L.R. – All Legal Reporting in Nigeria
6. FSC – Federal Court
7. H.L. – Report of the House of Lords
8. A.C. – Appeal Case
Chapter 9. apartment – Office Appeal
10.Q.B.D. – Queen’s Bench Division
11. K.B. – Kingsbank
12th Annual LTR – Law Times Report
Chapter 13. D. – Registration Department
14. SC – Supreme Court
15. N.C.L.R. – Report on the Constitution of Nigeria
16.W.N.L.R. – Western Nigeria Legal Reporting
17.N.N.L.R. – Legal Reporting for Northern Nigeria
18 All E.R. – All England reports.
19. E.R. – English Report
20. Exchange. – Exchanger
twenty one. N.L.J. – Nigerian Legal Journal
22. L.L.R. – Lagos Law Report.
23.W.L.R. – Weekly Legal Reports
24. U.I.L.R. – University of Ife Legal Reports
twenty five E.N.L.R. – Legal Reporting for Eastern Nigeria
26. S. – Section
Page 27 – Page

chapter One

Employment contract:
meaning and nature

1.1 Introduction
An employment contract is a contractual relationship between two or more people that establishes an obligation to do certain things in the contract of employment. 1.2 Meaning and art
The nature of the employment contract is the relationship between the employer and the employee that is formed as a result of the contract between the employer and the employee, commonly referred to as the service contract. This means any agreement, oral or written, express or implied. If a person agrees to hire another person as an employee and declares that person has agreed to serve the employer as an employee in accordance with labor law.
Employment contracts are generally derived from general contract law and must be in place before key elements of the contract can be put into effect.
1.2.1 Offers and Acceptance
In an employment contract, there is a disagreement between the parties before the contract becomes effective. That is, one called party (offer) makes an offer, as in Callil v. Carbolic Smoke Ball Co., and the other called party (offer), as in Afolabi v. Polymera Ind. recipient) must accept the offer. NIG Co., Ltd. This offer and acceptance principle includes the freedom of both parties to offer and accept working conditions unconditionally.
1.2.2 Considerations
Employment contracts offered and accepted by both parties to a service contract must take into account the performance of the contract explaining any right, interest, benefit or advantage by either party, or damages, losses from any kickbacks. . or liability given, incurred or assumed by the other party. The above statement is based on Currie v. Misa Contractual considerations are therefore, on the one hand, the salary and other benefits that the employee obtains and, on the other hand, the benefits that the employer receives.

1.2.3 Intention to create legal relationship
The employer-employee relationship is based on contract. When the parties agree to the terms of the employment contract, it gives rise to the parties’ mutual intent to enter into the legal obligations contained in the employment contract of Rose and Frank to Crompton.

1.2.4 Capacity
The law stipulates that the parties to an employment contract must have legally recognized common law capacity to contract. That is, a specific group of people. Infants, insane people, and drunk people may not be able to deflate. This was enacted in the 2004 Nigerian Labor Code.

For infants, the law prohibits persons (children) under the age of 16 from entering into employment contracts other than apprenticeships. However, the Act states in Section 19(1) of her Labor Code 2004 that a child under the age of 12 may only be employed by a member of the family and, even then, be employed in agriculture, gardening or domestic work according to the child’s rights. It stipulates that you are approved to work. Secretary of Labor under Section 91(1)(a) of the Labor Code. However, Article 59 of the law seems to be an exception, allowing young people to receive education in vocational schools. With respect to general work on ships, section 61(3) of the Act states that, even if they are permitted to do so, non-adults shall only work on ships in which only members of the same class are employed. It stipulates that you can
Under section 59 of the Act, the Secretary of Labor has the power to notify employers in writing that the type of work in which young people are being employed is unhealthy, unethical, or otherwise inappropriate. increase.
Finally, mentally handicapped persons include those who are mentally ill and unable to think consciously and rationally about their employment contract obligations.
1.3 Parties to an Employment Contract
Employment or service contracts are entered into and enforceable by employers and employees who automatically form or constitute the primary parties to the employment contract in Nigerian labor law. A person who has an employment contract with another person cannot be transferred to another employer without that person’s consent. This is in accordance with the provisions of Section 10 (1) of the Act, which states:
“Any transfer of a contract from one employer to another requires the consent of the employee and confirmation of the contractual transfer by an authorized labor officer.”