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TERMINATION OF CONTRACTS OF EMPLOYMENT AND THE APPLICABILITY OF INTERNATIONAL LABOUR ORGANISATION STANDARDS ON UNFAIR DISMISSAL IN NIGERIA

6,000.00 4,000.00

ABSTRACT

Industrial and labour relations occupy an important and  enviable place in the socio-economic development of any nation in particular and the world at large. The conditions under which an employee works as well as the security of his employment has great bearing on his output which in turn affects the socio-economic development of the nation wherein the employee performs his work. The desire to ensure maximum performance and protection of the employees in their mostly ‘begger has no choice’ situation has constantly motivated and enhanced the efforts of the International Labour Organization, an agency of the United Nations towards setting acceptable standards for the protection of  interest of employees. Issues bordering on determination of contract of employment take dominant position in industrial and labour relations. Unfair dismissal is one of the problems plaguing employees in developing countries like Nigeria. The International Labour Organisation set a standard which an employer wishing to terminate employment of his employee must comply with. The attribute of international law under which the standards of the International labour organisation falls   make the  application of these standards dependent on the state of the municipal laws of member states of the International Labour Organisation. The provision of the Constitution of  the Federal Republic of Nigeria 1999 as amended, subjects these standards to the Legislative Acts of the federal law makers. However, the Third Alteration Act and the National Industrial Court Act have brought what seems to be a statutory intervention on the application of these standards. The researchers undertake the study of the International Labour Organisation’s standards on unfair dismissal of an employee vis-a-viz the practice in Nigeria, the attitude of Nigerian Laws to these standards as well as the applicability of these standards in Nigeria and selected countries. The researchers employ analytical comparison of Nigeria laws and practice on determination of contract of employment as well as laws of the selected countries as they relate to the International Labour Organisation standards on unfair dismissal. Also, the researchers adopt construction of statutes and case law as part of their methodology. At the end, the researchers found that dismissal and termination situations in Nigeria amount to unfair dismissal when tested against ILO standards on unfair dismissal. The researchers then recommend that Nigeria needs to adopt ILO standards on unfair dismissal with modifications where necessary. Also, that every legal and institutional impediments that hinder the application of ILO Convention on unfair dismissal should be removed by the concerted efforts of the three arms of Government of Nigeria  for purposes of achieving the policy of fair dismissal in Nigeria.

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ABSTRACT

Industrial and labour relations occupy an important and  enviable place in the socio-economic development of any nation in particular and the world at large. The conditions under which an employee works as well as the security of his employment has great bearing on his output which in turn affects the socio-economic development of the nation wherein the employee performs his work. The desire to ensure maximum performance and protection of the employees in their mostly ‘begger has no choice’ situation has constantly motivated and enhanced the efforts of the International Labour Organization, an agency of the United Nations towards setting acceptable standards for the protection of  interest of employees. Issues bordering on determination of contract of employment take dominant position in industrial and labour relations. Unfair dismissal is one of the problems plaguing employees in developing countries like Nigeria. The International Labour Organisation set a standard which an employer wishing to terminate employment of his employee must comply with. The attribute of international law under which the standards of the International labour organisation falls   make the  application of these standards dependent on the state of the municipal laws of member states of the International Labour Organisation. The provision of the Constitution of  the Federal Republic of Nigeria 1999 as amended, subjects these standards to the Legislative Acts of the federal law makers. However, the Third Alteration Act and the National Industrial Court Act have brought what seems to be a statutory intervention on the application of these standards. The researchers undertake the study of the International Labour Organisation’s standards on unfair dismissal of an employee vis-a-viz the practice in Nigeria, the attitude of Nigerian Laws to these standards as well as the applicability of these standards in Nigeria and selected countries. The researchers employ analytical comparison of Nigeria laws and practice on determination of contract of employment as well as laws of the selected countries as they relate to the International Labour Organisation standards on unfair dismissal. Also, the researchers adopt construction of statutes and case law as part of their methodology. At the end, the researchers found that dismissal and termination situations in Nigeria amount to unfair dismissal when tested against ILO standards on unfair dismissal. The researchers then recommend that Nigeria needs to adopt ILO standards on unfair dismissal with modifications where necessary. Also, that every legal and institutional impediments that hinder the application of ILO Convention on unfair dismissal should be removed by the concerted efforts of the three arms of Government of Nigeria  for purposes of achieving the policy of fair dismissal in Nigeria.

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