WRONGFUL TERMINATION OF CONTRACTS OF EMPLOYMENT IN NIGERIA: A CASE FOR REINSTATEMENT OF PRIVATE EMPLOYEES


WRONGFUL TERMINATION OF CONTRACTS OF EMPLOYMENT IN NIGERIA: A CASE FOR REINSTATEMENT OF PRIVATE EMPLOYEES

ABSTRACT

The research focuses on analysis the variables and critical issues in the concept of wrongful termination of employment contract in Nigeria. It provides a conceptual study on the nature of the contract of employment and the wrongful termination of employment contact. It elucidates the remedies available for the wrongful termination of employment contract and portrays the significance of employment contracts in Nigeria.

CHAPTER ONE
INTRODUCTION

1.1 Background of the study
The indiscriminate nature of wrongful termination of employment contract and its damaging consequences constitute the fundamental reason for this study. Through the law provides for remedies of wrongful termination of employment, only a few seek redress in the appropriate legal procedures. The ill effect turns out not only to the person in question but to the family, society and the nation at large.

It constitute a damage on the nation’s human capital, under-utilization and waste of human resources, it leads to other social vices and crimes in the society. Wrongful termination of employment constitute a breach of trust, confidence and food faith which constitute moral values that builds not only employment contracts but the human society and the nations integrity in the deployment and utilization of available capacity and human resources.

Wrongful termination of employment results in emotional distress, hurt and humiliation. It affects the well-being of the family and society, it leads to loss of income, power and reduces economic and commercial activities. The cumulative effect of this action is a gross damage and loss in the nation’s resources, economic and commercial activities as well as on its integrity.

1.2 STATEMENT OF PROBLEM
The issue of wrongful termination of employment contract is at an increasing rate and its damaging effect permitting every society to and the nation at large. While little or no consideration is given to it, the ideal of social values, capacity utilization, effective human resource development, economic and commercial activities as well as per capita and national gross income is mitigated while the modern contract of employment is govern by the general law only few seek redress in the context of wrongful termination of employment contract.

Therefore, the problem confronting this research is the wrongful termination of the employment contract in Nigeria.

1.3 RESEARCH QUESTIONS
i What constitute wrongful termination of employment contract?
ii. What are the causes of wrongful termination of employment contract?
iii What are the effect of wrongful termination of employment contract?
iv What are the remedies of wrongful termination of employment?

1.4 OBJECTIVE OF THE STUDY
i. To provide detailed study on the nature of employment contract
ii To provide a vivid description of the condition of wrongful termination of employment
iii To highlight causes of wrongful termination of employment contract
iv To show the effect of wrongful termination of employment contract
v To highlight the remedies of wrongful termination of employment contract

1.5 SIGNIFICANCE OF T HE STUDY
1. it shall provide detailed information and vivid understanding on the nature of employment contract
2. To enable managers and consultants understand the nature of wrongful termination of employment contract
3. it shall portray the damaging effect wrongful termination of employment
4. it shall provide detailed information to employer on the possible remedies for wrongful termination of employment contract
5. it shall save a really source of information for employer, managers, consultants, students, etc. on wrongful termination of employment contract

1.7 SCOPE OF THE STUDY
The study is centered on wrongful termination of employment contract in Nigeria.

1.8 DEFINITION OF TERMS
WRONGFUL TERMINATION OF EMPLOYMENT CONTRACT
Definition: Wrongful termination of employment contract occurs when an employer has terminated the employee otherwise than in accordance with the contract. The bridge may be to give notice, failure to follow procedure that may be required under the particular contract prior to termination or summarily dismissing an employee for misconduct in circumstances that do not warrant summary dismissal (CHRISTOPHER LAWRENCE, 2012, EDMOND BARTON CHAMBER, CLE SEMINAR).

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