Wrongful Dismissal

Wrongful dismissal of employment in Nigeria occurs when the employer terminates the employment of an employee otherwise than in accordance with the contract or agreement.
In employer and employee relationships just like any other relationship, disputes and differences are bound to arise and where such is not properly managed, this may lead to termination of employment by either party.
By established principles, an employer has the right to terminate employment without stating any specified reason in so far all laid down procedures are followed in terminating the employment. Where the laid down procedures are not followed especially where there is a contract of employment, such will amount to wrongful termination.
Section 7 of the Labour Act requires that within three (3) month of the engagement of an employee, an employer must give to the employee a written contract of employment which must specify among other things a description of the parties to the contract of employment, the nature of the service(s) to be rendered under the contract, the tenure of the contract, remunerations which must be paid, hours of work, the period of notice to be served before the contract can be terminated, possible grounds for dismissal of the employee etc.
REMEDIES FOR WRONGFUL TERMINATION OR DISMISSAL
A victim of wrongful dismissal or termination can get a remedy from the court.
The remedy, which an employee that considers that his employment has been wrongfully terminated either because he was given insufficient notice or by failure to justify his dismissal may seek any or all of the following;

(i) Specific damages, which includes payment of salary arrears and entitlements.

(ii) Damages

(iii) An employee with government or any government agency may be entitled to reinstatement

Facing wrongful dismissal can be a challenging experience, but our team is here to provide tailored legal support. We handle each case with precision, assessing the circumstances to build a compelling case for reinstatement or compensation, ensuring that your rights as an employee are upheld with integrity and diligence.

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