The Philosophy Of Unfair Dismissal Law In Nigeria
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| Author | : Adeyinka Adejugbe |
| Publisher | : |
| Total Pages | : 16 |
| Release | : 2020 |
| Genre | : |
| ISBN | : |
In Nigeria, the past three decades have witnessed a steady growing private sector, but the relationship between employers and employees continues to be a turbulent one and a source of unending litigation. This situation is worsened by the dwindling state of the economy. Paid employment continues to constitute the major source of livelihood of many families and this has made it an important source of livelihood in majority of the households in Nigeria. However, with the employment relationship comes an inherent conflict of interest between the employer and the employee. How best to manage this conflict has been left to the different nations to determine. In Nigeria, the law governs the cessation of an employment relationship but the statute governing dismissal is seemingly still a relic of the received English law as at 1900. The failure to bring the provisions of the statute on dismissal in tandem with the current day realities has brought about a distortion of the balance of interest between the employer and employee. In a bid to ensure stability, the concept of fair dismissal evolved. The aim of this paper is to critically examine the fundamental nature, attitudes, realities, existence and theories that act as guiding principles for unfair dismissal law in Nigeria. This paper examines the evolution of the labour law jurisprudence on unfair dismissal, and its jurisprudential foundation in Nigeria. It seeks to reveal the historical, moral, and cultural basis of unfair dismissal law. The article focuses on finding the answers to such abstract questions as "what is unfair dismissal law?" and "how do judges decide such cases?"
| Author | : Tony Nwazuoke |
| Publisher | : |
| Total Pages | : 62 |
| Release | : 2000 |
| Genre | : Employees |
| ISBN | : |
| Author | : Adedapo Adebayo Atilade |
| Publisher | : |
| Total Pages | : 73 |
| Release | : 1993 |
| Genre | : |
| ISBN | : |
| Author | : Celestine N. Omehia |
| Publisher | : Author House |
| Total Pages | : 314 |
| Release | : 2011-08-02 |
| Genre | : Political Science |
| ISBN | : 1456785559 |
It is important to note that this is the second edition of this book and like I rightly pointed out in the first edition, the choice of this title and the subject matter was not a thing of accident. It was predicated upon my observations of the unwholesome Labour Relations in the Nigerian Industrial set-ups. As at the time of making up my mind about this book, there was an unequal balanced relationship between the employers of labour in all segments of our Labour Relations on the one hand and those employed to do any kind of work on the other. The other reason is my realization that there is every need for legal practice to go into minute specialization. We could specialize in every aspect of the law for purposes of effective practice, specialization and representation.
| Author | : Maro KIGHO-OYOLO |
| Publisher | : Independently Published |
| Total Pages | : 446 |
| Release | : 2020-07-21 |
| Genre | : |
| ISBN | : |
Essentials of Modern Nigeria Employment Law is a compendium of the cardinal principles of labour law and industrial relations in Nigeria. It discusses major principles, cases, and statutes of Nigerian Labour law. Some of the themes discussed in a simple but masterly manner include: -Definitions and Sources of Nigerian Labour Law.-Who Is an Employee?-The Contract of Employment-The Doctrine of Vicarious Liability as It Applies to Employer-Employee Relationship...-Termination and Remedies for Wrongful Dismissal-Collective Bargaining-Workplace Health and Safety-The Employee Compensation Scheme-Trade Union Law-Trade Disputes and Settlement: General Perspectives-Present Position of The National Industrial Court Find also in this Edition a compilation of court decisions and statutes regulating the Employer-Employee relationship in Nigeria. This book is a must-read for every employer of labour, employees, students of labour law, Lawyers, and all in quest of up to date information in this area of law.
| Author | : Cassim Chilumpha |
| Publisher | : |
| Total Pages | : 118 |
| Release | : 2007 |
| Genre | : Employees |
| ISBN | : |
| Author | : Moshood Quadri |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
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.
| Author | : André Van Niekerk |
| Publisher | : |
| Total Pages | : 172 |
| Release | : 2002 |
| Genre | : Employees |
| ISBN | : |
The book deals with the law of unfair dismissal. At one stage or another in evry household there is someone who is either an employer or an employee; and anyone who is an employer or an employee is affected by the law of unfair dismissal and should know his or her rights and obligations.
| Author | : Bimbo Atilola |
| Publisher | : |
| Total Pages | : 87 |
| Release | : 2017 |
| Genre | : |
| ISBN | : 9789785549690 |
| Author | : John Munro Wright |
| Publisher | : Anchor Books |
| Total Pages | : 514 |
| Release | : 2012 |
| Genre | : Employees |
| ISBN | : 9780955400254 |
