In Nigeria, employment is governed by laws and contracts that protect both employers and employees. While employers can terminate an employee’s contract, it must be done legally. Unlawful termination happens when an employer dismisses an employee in a way that breaks the law or violates the terms of their contract.
What Counts as Unlawful Termination?
1. No Proper Notice or Payment
Employers must give proper notice before firing an employee, unless stated otherwise in the contract. If they don’t, they must pay the employee for that notice period. Failing to do either is unlawful.
Citation:
• Labour Act, Cap L1, LFN 2004, Section 11.
2. Discrimination
It’s illegal to fire someone based on their gender, race, religion, ethnicity, or disability. For example, if an employee is fired just because they belong to a certain ethnic group, that is unlawful.
Citation:
• Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 42.
3. Breaking the Employment Contract
If an employer fires an employee in a way that goes against the contract terms, it’s unlawful. For instance, if the contract says an employee can only be fired for a specific reason and the employer doesn’t have that reason, the termination could be challenged.
Citation:
• Nigerian Labour Act, Cap L1, LFN 2004, Section 7.
4. Retaliation
Employees can’t be lawfully fired for exercising their legal rights, like reporting harassment or joining a union. Firing someone for these reasons is illegal.
Citation:
• Trade Unions Act, Cap T14, LFN 2004, Section 9.
• Labour Act, Cap L1, LFN 2004, Section 9(6).
5. Constructive Dismissal
This happens when an employer makes the work environment so unbearable that the employee feels forced to quit. Even though the employee resigns, it can still count as unlawful termination.
Citation:
• Nigerian Labour Act, Cap L1, LFN 2004, Section 9(7).
What to Do If You’re Unlawfully Terminated
1. Go to the National Industrial Court
The National Industrial Court of Nigeria handles employment disputes. You can file a claim to get compensation or even be reinstated.
Citation:
• National Industrial Court Act, 2006, Sections 1 and 14.
2. Negotiate a Settlement
Sometimes, it’s possible to settle the issue outside of court. This could mean getting compensation or other agreed terms.
Citation:
• Labour Act, Cap L1, LFN 2004, Sections 17-20.
3. Report to Regulatory Bodies
Depending on your job, you might also report the termination to government bodies like the Ministry of Labour and Employment.
Citation:
• Nigerian Labour Act, Cap L1, LFN 2004, Section 81.
How to Prevent Unlawful Termination
For Employers:
• Follow the Law: Make sure any termination follows the contract and labor laws.
• Document Everything: Keep records of why and how the decision to terminate was made.
• Get Legal Advice: Consult a lawyer to avoid breaking the law when firing someone.
For Employees:
• Know Your Rights: Understand your employment contract and legal protections.
• Keep Records: Save documents and communications related to your job.
• Get Legal Help: If you think your termination was unlawful, talk to a lawyer.
Conclusion
Unlawful termination is a serious issue in Nigeria. Employers should follow the law, and employees should know their rights. If you face an unlawful dismissal, there are steps you can take to seek justice.
Legal Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. For specific legal guidance on employment matters, please consult a qualified lawyer.
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