Employment Termination: chances of the employee at the court of law

                                                 HR Talk 

                                                    with

                                       Moruf Kolawole Nasir

It will be observed that in my various write ups, even though I present global best practice, I always give cognizance to our peculiar labour law and practice in Nigeria. While stating the best practice I also try as much as possible to advise readers on the realistic state of things in our clime.

One of the most recent readers who sought my advice, was a Banker and was contemplating taking it up with her employer for terminating her employments “illegally”.  

With the recurrence of this issue of “illegal” termination of employment and the mindset of employees, I decided to present the case below from the Appeal court to enlighten us more on the position of the law on some of the confusing issues surrounding disengagement.

I must quick to say I copied the case from one of my professional networks on the social media, and the credit should go to Celestina Okere, who brought the case to the platform for discussion.

Again, I should also warn that the case may look technical and complex to understand, never mind; after reading the opinions of HR practitioners you will get the gist better. And to round it all up I will identify the key messages in the case and present my opinion on the case. These might extend to the next edition of HR Talk. Don’t be discouraged read on; it is worth the time and patience.

LABOUR LAW: A CASE OF DISMISSAL FROM EMPLOYMENT WITHOUT GIVING ANY REASON (FROM NECA).

Dear Colleagues,

Below is a case study for all to learn from and update our knowledge of the Labour Law. Comments/opinion will be appreciated as we share ideas.

The appellant (Mr. S. Anaja) was the sub Manager of operations in the foreign exchange department of the respondent (United Bank of Africa Plc). Upon some discrepancies in the management of some accounts under the appellant, he was queried and he appeared before the senior Staff Disciplinary Committee. After the proceedings, he was summarily dismissed and he consequently filed an action challenging his dismissal as null and void and an infringement on his fundamental rights.

1. On how the relationship between an employer and employee is construed:
The relationship between an employer and his employee is generally to be found in
the service agreement or letter of employment.
 

... to be continued