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TERMINATION OF CONTRACTS OF EMPLOYMENT AND THE APPLICABILITY OF INTERNATIONAL LABOUR ORGANISATION STANDARDS ON UNFAIR 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 s

CHAPTER ONE

INTRODUCTION

A discussion on the applicability of ILO standards on unfair dismissal cannot be appreciated without an understanding of the background, problems, scope, objective and significance the study as well as meaning of contract of employment as unfair dismissal is a phenomenon in contract of employment.

1.1 Background of the Study

The law and practice of determination of contracts of employment in Nigeria is employer friendly. The employer is free to determine the contract of employment of his employee for bad reasons or for no reason at all. This is in contradistinction with the law and practice across the world. This shows that the law and practice of determination of contracts of employment differ with those of other countries. This difference is occasioned by the fact that some countries across the world have moved away from the common law position that permits an employer to determine the contract of employment of his employee for bad or for no reason at all. The move away from this common law position started with the International Labour organisation which adopted ILO Termination of Employment Recommendation and ILO Termination of Employment Convention 158 of 1982. About 36 countries of the world have ratified the Convention while about fifty five countries both those who have ratified the Convention and those who have not ratified the Convention have embraced the provisions of the Articles of the Convention which contains ILO standards on unfair dismissal. Despite this effort by the International Labour Organisation towards ensuring a policy of fair dismissal, Nigeria is still in full practice of the common law termination at the will of the employer.

            The factors accounting for Nigeria’s failure to embrace this well-meaning convention containing ILO standards on unfair dismissal are the provisions of the Constitution of Federal Republic of Nigeria 1999 as amended requiring ratification and domestication of treaties and conventions before they can be enforced in Nigeria. None application of the convention containing ILO standards on unfair dismissal leaves Nigeria with practices which are unfair in the global perspective. This research work appraises the law and practice in Nigeria on determination of contracts of employment. It analyze termination and dismissal situations in Nigeria to see their status when tested against ILO standards on unfair dismissal, appraises the roles of the three Arms of Government of Nigeria in ensuring the application of this Convention containing ILO standards on unfair dismissal. The work also shows the extent of conformity with ILO standards on unfair dismissal by some countries.