Labour and Employment Law
What it is: Wrongful termination arises where an employer ends employment in breach of the contract of employment, statute or, before the National Industrial Court, in an unfair manner. Nigerian law distinguishes ordinary contract employment, where termination on proper notice or payment in lieu is generally lawful, from employment with statutory flavour, where set procedures must be followed. The National Industrial Court of Nigeria increasingly applies international best practice and the concept of unfair labour practice. When it applies: This service is relevant when you are dismissed without proper notice or pay in lieu, denied a fair hearing where one was required, terminated for an unlawful reason, or not paid your terminal benefits, gratuity or entitlements. How a lawyer helps: An employment lawyer reviews your contract, staff handbook and the manner of dismissal, identifies whether the termination was wrongful or unfair, and advises on remedies such as damages, outstanding entitlements or, in limited cases, reinstatement. Counsel prepares and files the claim at the National Industrial Court. First steps: Keep your appointment letter, contract, handbook, pay records and any termination or query letters, and consult a lawyer promptly because claims are subject to time limits. A lawyer can also calculate the value of your entitlements and advise whether negotiation or a court claim offers the better outcome in your circumstances.
