REASONS WHY EMPLOYERS COULD SACK EMPLOYEES IN NIGERIA WITHOUT PRIO NOTICE OR ENTITLEMENT S
The usual question asked by an employee whose appointment is terminated is why his appointment was terminated without his employer giving him any cogent reason for doing so notwithstanding that he has served the company diligently for a long period of time. This engenders writing of this article to explain the reasons why employers terminate the appointment s of employe es in Nigeria without giving any reason .
To be candid, employees in a private establishment in Nigeria are working at the mercy of their employer s . The employer s adopt the Yoruba adage that says, ‘ ila kii ga ju onire lo’ meaning t hat no matter how tall okro plant is , the farmer bends it with ease to pluck its fruits’ . This brings us to the legal perspective of an employer vis-à-vis employee relationship in a private employment.

Type of employment
There are two types of employment:
2. Employment without Statutory flavo u r
3. Employment with statutory flavo u r

Difference between Employment without Statutory flavo u r and Employment with statutory flavo u r
This difference is clearly explained in the case of C.B.N V. Igwillo (2007) All FWLR part 397 Sc page 1385 at pg 1401 para c as follows
‘ an employment is said to have statutory flavor when the appointment is protected by statute or laid down regulations made to govern the procedure for employment and discipline of an employee. Any other employment outside that category is govern by the terms under which the parties agreed to be master and servant ’
The import of the decision of the supreme court above is that an employer in a private employment is the MASTER while an employee is the SERVANT. So, the relationship between the employer and employee in a private employment is regulated largely by their terms of contract.
These terms of employments are contained in the policy of the company. Even though the terms the rein are solely drafted by the employer withou t the employee’s input, yet once he accept s and sign s the offer , then it becomes binding on him .

What if the terms are one sided and harsh on the employee?
No matter how harsh a law is, it will remain a good law until it is repealed. It is not the function of the court to rewrite an agreement for parties but rather to give effect to the letter and spirit of the agreement. If an employee agree s with his employer that he will be working for 22 hours in a day, so be it.
Can a dedicated employee’s employment be wrongfully terminated without any reason?
Can court order reinstatement in an employment with private establishment?
A fri end of mine working for a private firm called me some months ago and he was very sad when he narrated his ordeal. According to him he has been working for a company for some years and he was very dedicated. He said that he had the feeling that his employer wanted to wrongfully dismiss him. He asked me what were his rights because he had done a lot for the company. I told him that I don’t know but what I do know is that his emplo yer has the right to dismiss him for no reason at all. He asked me if I was kidding then I told him that if I was kidding then I learnt it from the Supreme court case of Ativie V. KNL (2008) vol 8 MJSC 82 page 99 para G-A where the court held as follows:
“the law is settled that the court will not compel an unwilling employer to retain any worker. Similarly, an employer is not bound to give any reason for terminating the appointment of a servant where such employment is not one with statutory flavour ’

What is the difference between wrongful dismissal and unlawful dismissal?
The dismissal of an employee in a private establishment can only be, at worst , wrongful, which can lead to award of damages against the employer, however, the dismissal can never be unlawful which can lead to reinstatement.

Reasons why employers in private companies prefer to dismiss their employee without giving reason.
It is safer for an employer to terminate the employment of an emplo yee by simply stating that his service is no more required than stating the reason if it borders on allegation of fraud or any criminal matter. This is because if an employee is alleged for any criminal related matter he must be given fair hearing to explain his own side in line with provision of the constitution. This is to avoid future litigation as to whether the dismissal is wrongful or otherwise .
However, where the employment policy of a company provides ways and procedure of terminating the employment of an employee then that must be followed.
The only remedies availab le to an employee of a private company that is wrongly terminated are damages, his benefits in the company and arears of salary if there is any.

EMPLOYMENT WITH STATUTORY FLAVOUR
Most of the civil service employment is with statutory flavo u r which means that the appointment is protected by statute or laid down regulations made to govern the procedure for employment and discipline of an employee.
Where a civil servan t’s appointment is unlawfully termi nated without following the laid down procedure, the court will order reinstatement of such an employee in addition to award of damages against his employer.
When can a dismissed civil servant seek redress in court?
Seeking redress by a civil servant against unlawful dismissal has time limitation. Once it is a day longer than 3 months after the termination of his appointment then the action is statute barred. This means that his case could not be entertained in court and it is bound to be dismissed if filed in court. This is the provision of section 2 a of public officers’ protection Act :
4. Where any action, prosecution, or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of any Act or Law or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Act, Law, duty or authority, the following provisions shall have effect ‑
Limitation of time.
(a) the action, prosecution, or proceeding shall not lie or be instituted unless it is commenced within THREE MONTHS next after the act, neglect or default complained of, or in case of a continuance of damage or injury, within three months next after the ceasing thereof:

In conclusion, it is clear from the above that the employment of a civil servant is pro tected by law while the relationship between employers/ employee s in a private company is regulated by their agreement.

Nice write up!

More ink to your pen.

NICE WRITE UP

Employers in Nigeria need no reason to sack you anytime they want; is it your company or your father's?

I taught u would have backed ur work with more statutory provisions in the labour act

Is it not when job is always available that u can bargain with your employee? You never stay house for 1year na

So Buhari's office comes with statutory flavor

God help us

talk2alabama:
So Buhari's office comes with statutory flavor

Stop commenting ignorantly. Obviously you are still being​ fed and clothed.

No wonder this statement is common

It is safer for an employer to terminate the employment of an employee by simply stating that his service is no more required than stating the reason if it borders on allegation of fraud or any criminal matter

okikiosibodu:
No wonder this statement is common

It is safer for an employer to terminate the employment of an employee by simply stating that his service is no more required than stating the reason if it borders on allegation of fraud or any criminal matter

Yes this is the best part of the article because formerly I state reason for termination of my employees but now I am wiser.
Op, thank you

Is there any way we can repeal the wrongful termination? The private sector is really using this against its employee

At the end of the day, entrepreneurship is key!

Barristerlaw:
REASONS WHY EMPLOYERS COULD SACK EMPLOYEES IN NIGERIA WITHOUT PRIO NOTICE OR ENTITLEMENT S
The usual question asked by an employee whose appointment is terminated is why his appointment was terminated without his employer giving him any cogent reason for doing so notwithstanding that he has served the company diligently for a long period of time. This engenders writing of this article to explain the reasons why employers terminate the appointment s of employe es in Nigeria without giving any reason .
To be candid, employees in a private establishment in Nigeria are working at the mercy of their employer s . The employer s adopt the Yoruba adage that says, ‘ ila kii ga ju onire lo’ meaning t hat no matter how tall okro plant is , the farmer bends it with ease to pluck its fruits’ . This brings us to the legal perspective of an employer vis-à-vis employee relationship in a private employment.

Type of employment
There are two types of employment:
2. Employment without Statutory flavo u r
3. Employment with statutory flavo u r

Difference between Employment without Statutory flavo u r and Employment with statutory flavo u r
This difference is clearly explained in the case of C.B.N V. Igwillo (2007) All FWLR part 397 Sc page 1385 at pg 1401 para c as follows
‘ an employment is said to have statutory flavor when the appointment is protected by statute or laid down regulations made to govern the procedure for employment and discipline of an employee. Any other employment outside that category is govern by the terms under which the parties agreed to be master and servant ’
The import of the decision of the supreme court above is that an employer in a private employment is the MASTER while an employee is the SERVANT. So, the relationship between the employer and employee in a private employment is regulated largely by their terms of contract.
These terms of employments are contained in the policy of the company. Even though the terms the rein are solely drafted by the employer withou t the employee’s input, yet once he accept s and sign s the offer , then it becomes binding on him .

What if the terms are one sided and harsh on the employee?
No matter how harsh a law is, it will remain a good law until it is repealed. It is not the function of the court to rewrite an agreement for parties but rather to give effect to the letter and spirit of the agreement. If an employee agree s with his employer that he will be working for 22 hours in a day, so be it.
Can a dedicated employee’s employment be wrongfully terminated without any reason?
Can court order reinstatement in an employment with private establishment?
A fri end of mine working for a private firm called me some months ago and he was very sad when he narrated his ordeal. According to him he has been working for a company for some years and he was very dedicated. He said that he had the feeling that his employer wanted to wrongfully dismiss him. He asked me what were his rights because he had done a lot for the company. I told him that I don’t know but what I do know is that his emplo yer has the right to dismiss him for no reason at all. He asked me if I was kidding then I told him that if I was kidding then I learnt it from the Supreme court case of Ativie V. KNL (2008) vol 8 MJSC 82 page 99 para G-A where the court held as follows:
“the law is settled that the court will not compel an unwilling employer to retain any worker. Similarly, an employer is not bound to give any reason for terminating the appointment of a servant where such employment is not one with statutory flavour ’

What is the difference between wrongful dismissal and unlawful dismissal?
The dismissal of an employee in a private establishment can only be, at worst , wrongful, which can lead to award of damages against the employer, however, the dismissal can never be unlawful which can lead to reinstatement.

Reasons why employers in private companies prefer to dismiss their employee without giving reason.
It is safer for an employer to terminate the employment of an emplo yee by simply stating that his service is no more required than stating the reason if it borders on allegation of fraud or any criminal matter. This is because if an employee is alleged for any criminal related matter he must be given fair hearing to explain his own side in line with provision of the constitution. This is to avoid future litigation as to whether the dismissal is wrongful or otherwise .
However, where the employment policy of a company provides ways and procedure of terminating the employment of an employee then that must be followed.
The only remedies availab le to an employee of a private company that is wrongly terminated are damages, his benefits in the company and arears of salary if there is any.

EMPLOYMENT WITH STATUTORY FLAVOUR
Most of the civil service employment is with statutory flavo u r which means that the appointment is protected by statute or laid down regulations made to govern the procedure for employment and discipline of an employee.
Where a civil servan t’s appointment is unlawfully termi nated without following the laid down procedure, the court will order reinstatement of such an employee in addition to award of damages against his employer.
When can a dismissed civil servant seek redress in court?
Seeking redress by a civil servant against unlawful dismissal has time limitation. Once it is a day longer than 3 months after the termination of his appointment then the action is statute barred. This means that his case could not be entertained in court and it is bound to be dismissed if filed in court. This is the provision of section 2 a of public officers’ protection Act :
4. Where any action, prosecution, or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of any Act or Law or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Act, Law, duty or authority, the following provisions shall have effect ‑
Limitation of time.
(a) the action, prosecution, or proceeding shall not lie or be instituted unless it is commenced within THREE MONTHS next after the act, neglect or default complained of, or in case of a continuance of damage or injury, within three months next after the ceasing thereof:

In conclusion, it is clear from the above that the employment of a civil servant is pro tected by law while the relationship between employers/ employee s in a private company is regulated by their agreement.

i love this word

No matter how harsh a law is, it will remain a good law until it is repealed.

the LAW of sin and death is good though harsh untill it is repealed EOD!

Akshow:
On paper it works, in reality, u can be sacked any time. We don't know our rights in this country.

you didn't read the write up but u feel the need to comment... now y u dey fall ur hands

Thank u very much for this write up. I wish you give it. Much more publicatiion than this

You need to format your write up sir to get the best out of it.

abiambo:
you didn't read the write up but u feel the need to comment... now y u dey fall ur hands

WHAT NETWORK ARE U USING? I MODIFIED LONG BEFORE U QUOTED. CHANGE NETWORK ABEG.

interesting

That is why many People are running away from most of this mush room companies.

They do it here in the US too.

They call it "At will employment" u can quit an be fired for any reason,

This write up is half baked, one sided. I appreciate but try better next you write.

TroubleMaker47:
At the end of the day, entrepreneurship is key!

Good economy policy is also key in making entrepreneurship boom.Do you know how many businesses have shut down under this government?

The best write up I ve seen on nairaland

Beautiful write up. But please arrange your work well for easy understanding

Long epistle.

Fact is, the employer most often sees your getting the job as landing a goldmine or some pot.

So, they can you with you.

..

Yes. THE LAW is thwt you cannot force a willing employee on an unwilling employer. But what about cases of employers screwinng employees outta their salaries and remuneration like @pweetiedee above? Thats where the law has a remedy.

I recently wrote something on this not too long ago here - https://www.nairaland.com/3735819/travails-salaried-employee-sue-not


Also, the case of Benard Longe, a man who became a billionaire by suing his employer might interest you -- .https://www.nairaland.com/3736454/benard-longe-man-sued-first

Bottom line? Pls do not sleep on your rights for any reason.

I think it's because of the present state of the economy and high rate of unemployment .

Reason for inadequate or no job security is that the employers feels they can always get a replacement out there anytime they need since many

are out there looking for job, without considering employee in questions which is not good at all.

So, i suggest all employee or even if your self employee to plan and work on other source of income while in employment , because anything can

happen at anytime .

Best to be prepared and well positioned in case . One of such i recommend is a legitimate online business with proven system . Once you can

learn the system that work , you will forever be glad you did .

And the good thing is that it is possible to earn while learning .If interested ,Attend a FREE Seminar to start immediately.

Register by sending mail to nairacareng@gmail.com