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ILO Standards and the Nigerian Law of Unfair Dismissal

ILO Standards and the Nigerian Law of Unfair Dismissal JOSEPH ABUGU∗ The work force of any nation constitutes a significant part of its population whose contribution is central to national growth. An active work force is an index of a growing economy. Consequently while free enterprise is being encouraged, many nations take effective measures to protect employees in their jobs. The beginning of any employment relation is the embodiment of the terms and conditions of the relationship in a form communicable between the parties. Though a contract of employment may be entered into by implication, the Nigerian Labour Act1 requires that not less than three months after the beginning of a worker’s period of employment, the employer shall give to the worker a written statement specifying the detailed terms and conditions of the employment.2 It may be expected, therefore, that parties are fairly aware of the terms upon which they contract. Such contracts ideally should be a protective mechanism, particularly for the employees. However, this is rather illusory as workers are hardly in a position to negotiate and accept the plenitude of terms which may attach to their situation. Often, letters of employment are as scanty as the employer desires. Generally, dismissal denotes any action on the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

ILO Standards and the Nigerian Law of Unfair Dismissal

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2009
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/E0954889009000371
Publisher site
See Article on Publisher Site

Abstract

JOSEPH ABUGU∗ The work force of any nation constitutes a significant part of its population whose contribution is central to national growth. An active work force is an index of a growing economy. Consequently while free enterprise is being encouraged, many nations take effective measures to protect employees in their jobs. The beginning of any employment relation is the embodiment of the terms and conditions of the relationship in a form communicable between the parties. Though a contract of employment may be entered into by implication, the Nigerian Labour Act1 requires that not less than three months after the beginning of a worker’s period of employment, the employer shall give to the worker a written statement specifying the detailed terms and conditions of the employment.2 It may be expected, therefore, that parties are fairly aware of the terms upon which they contract. Such contracts ideally should be a protective mechanism, particularly for the employees. However, this is rather illusory as workers are hardly in a position to negotiate and accept the plenitude of terms which may attach to their situation. Often, letters of employment are as scanty as the employer desires. Generally, dismissal denotes any action on the

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Sep 1, 2009

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