Termination of employment is always a sensitive and relatively complex issue between employer and employee. Being an employer or employee, especially in the case of either, requires the awareness of the legal arrangement put in place for such regulation to keep you within the requirements of the law and undertake all measures for protection of your rights.

Legal Framework Governing Employment and Termination in Nigeria

In Nigeria, there are a few major legislations that regulate employment and termination. The most central of these are:

 1999 Constitution (amended): The Constitution has imposed jurisdiction on cases arising from employment exclusively on the National Industrial Court of Nigeria. All disputes arising from employment should, therefore, be tried in the National Industrial Court of Nigeria (NICN).

Labour Act: This is considered the primary legislation governing Labour and Employment within Nigeria. It lays out the right and responsibilities between employees and employers, and the conditions under which termination may be lawfully effected.

National Industrial Court Act: In this regard, the Act further elaborated on the powers of the NICN, its scope of jurisdiction within the dispensation of justice for disputes arising from employment.

NICN Civil Procedure Rules 2017: These lay down guidelines with respect to the processes of filing and responding to lawsuits in the National Industrial Court.

Judicial Precedents: The issues of employment are also influenced by several judicial decisions emanating from NICN and appellate courts, giving further construction to the law.

Understanding Wrongful Termination

Wrongful termination can be said to take place when the employer decides to breach the conditions involved in the employment contract or any other related Labour legislation, such as the Labour Act. Some common grounds for wrongful termination in Nigeria are:

• Lack of Proper Notice: Notice of termination must be given properly by an employer upon termination, and this depends on length of service and terms of contract.
• Discrimination: It is illegal to terminate an employee based on racial, gender, religious, or other discriminatory grounds.
• Termination based on unfounded accusations: An employer is not supposed to terminate anyone based on accusations which themselves are based on no solid grounds. Most cases of wrongful termination go to court based on such accusations.

Remedies Available

Wrongfully dismissed employees may seek redress before the National Industrial Court. The available remedies may include:

• The Reinstatement: In exceptional circumstances, the court may order reinstatement of the employee into his former employment. This usually occurs in the case of a governmental employer or in situations where statutory protection has been extended to the employee.
• Damages: The most common remedy given is damages. This means payment for lost wages and benefits, along with any other loss incurred as a result of the wrong termination. The quantum depends on various factors, such as salary, remaining period of contract, and emotional distress.
• Severance Pay: Even in legal terminations, an employee may claim severance pay as per the agreement of contract or as per the industry rules. Normally, it is enforceable only in those cases where it is explicitly mentioned in the employment agreement.
• Entitlements Unpaid: The court can order compensation against the employer for any left wage arrears, outstanding leave, and other due benefits entitled to the employee.

Various factors influence the nature and extent of the remedies available in cases of wrongful termination:

• Contract of Employment: The wording of the contract is important in that it may establish what has to be done to terminate an employee or what remedies are available in case of its breach.
• Nature of Termination: This will also constitute a major role in defining the outcome of the case, based on whether a no-cause termination with notice, just cause termination, or no-cause without notice termination has been made.

Evidence: The employee should be able to provide enough evidence to build their case against the wrongful termination. This can be a letter of employment, communication records, witness statements, or performance appraisals.

Steps towards Remedies of Wrongful Termination

In case you feel you have been wrongfully terminated, then follow the following steps:

1. Consult with an Employment Lawyer: A lawyer that specializes in Labour Law will be able to advise on your rights and the possible course of action you should take.
2.       Gather Evidence: Marshalling all documents and information that might help prove your case is important since the courts base their decisions on balance of probability; hence, enough evidence needs to be provided.
3.       Negotiate with Employer: Most cases can be amicably handled through negotiation or mediation, and the Federal Ministry of Labour offers free mediation for such cases.
4. Complaint to NICN: When negotiations break down, a complaint can be taken into consideration and filed at the National Industrial Court. NICN decisions are appealable to the Court of Appeal, the court of last resort for employment-related issues.

While stressful, some understanding of your rights under Nigerian law could help you better cope with the situation. In extremely exceptional circumstances, reinstatement may be ordered, but this usually requires the granting of damages, or awarding some form of financial compensation. Your Lawyer can determine the best approach for your circumstances