A CRITICAL EXAMINATION OF THE CONCEPT OF UNFAIR DISMISSAL UNDER THE NIGERIAN CONTRACT OF EMPLOYMENT

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ABSTRACT

Unfair dismissal of employees under the Nigerian contract of employment and the security of the tenure of employment has become a major concern in employment relationships. This academic piece will focus on the nature of a statutory contract of employment in Nigeria, the statutory protection for employees in contracts with statutory flavour, the novel concept of constructive dismissal of employees, the international labour standards regulating termination of employment, the position of the labour Act and the Remedies available to an unfairly dismissed employee. Data collection for this project was gotten from primary and secondary sources, the primary sources includes, the Nigerian Labour Act, case laws, International Conventions and Treaties relating to employment that have been ratified by Nigeria. The secondary sources includes journals, articles, online materials and textbooks. A study and appraisal of this data revealed that, unfair dismissal still largely obtains in Nigeria as seen in a plethora of decided cases herein discussed. It is further recommended that the International Labour Organization standards be adopted fully to give more protection to the employee.

    TABLE OF CONTENTS

Certification

Dedication

Acknowledgments

Abstract

Table of contents

Table of cases

Table of statutes

CHAPTER ONE: INTRODUCTION

1.1     Background to the Study

1.2     Statement of the Problem

1.3     Objective of the Study

1.4     Significance of the study

1.5     Scope of the study

1.6     Research method

CHAPTER TWO: LITERATURE REVIEW

CHAPTER THREE: NATURE OF CONTRACT OF EMPLOYMENT IN NIGERIA

3.1     Meaning and scope of contract of employment

3.2     Formation of contract of employment

3.3     Elements of a valid contract of employment in Nigeria

3.4     Terms of a contract of employment in regards to termination

CHAPTER FOUR: UNFAIR DISMISSAL OF EMPLOYEES AND THE REMEDIES AVAILABLE

4.1     What amounts to unfair dismissal

4.1.1  Dismissal in consequence of Union activities

4.1.2  Dismissal without notice

4.2     The International Labour Organization Standard on unfair Dismissal

4.3     Analysis of Constructive dismissal as against unfair Dismissal

4.4     Dismissal and Termination of Employment: Motive irrelevant

CHAPTER FIVE:  SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1     Summary

5.2     Conclusion

5.3     Recommendations

A CRITICAL EXAMINATION OF THE CONCEPT OF UNFAIR DISMISSAL UNDER THE NIGERIAN CONTRACT OF EMPLOYMENT