Download or read book The Philosophy of Unfair Dismissal Law in Nigeria written by Adeyinka Adejugbe and published by . This book was released on 2020 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Nigeria, the past three decades have witnessed a steady growing private sector, but the relationship between employers and employees continues to be a turbulent one and a source of unending litigation. This situation is worsened by the dwindling state of the economy. Paid employment continues to constitute the major source of livelihood of many families and this has made it an important source of livelihood in majority of the households in Nigeria. However, with the employment relationship comes an inherent conflict of interest between the employer and the employee. How best to manage this conflict has been left to the different nations to determine. In Nigeria, the law governs the cessation of an employment relationship but the statute governing dismissal is seemingly still a relic of the received English law as at 1900. The failure to bring the provisions of the statute on dismissal in tandem with the current day realities has brought about a distortion of the balance of interest between the employer and employee. In a bid to ensure stability, the concept of fair dismissal evolved. The aim of this paper is to critically examine the fundamental nature, attitudes, realities, existence and theories that act as guiding principles for unfair dismissal law in Nigeria. This paper examines the evolution of the labour law jurisprudence on unfair dismissal, and its jurisprudential foundation in Nigeria. It seeks to reveal the historical, moral, and cultural basis of unfair dismissal law. The article focuses on finding the answers to such abstract questions as "what is unfair dismissal law?" and "how do judges decide such cases?"
Download or read book Labour Law in Nigeria written by Adedapo Adebayo Atilade and published by . This book was released on 1993 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Job Security in Nigeria written by Tony Nwazuoke and published by . This book was released on 2000 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dismissal in Nigeria Labour Law written by Celestine N. Omehia and published by Author House. This book was released on 2011-08-02 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is important to note that this is the second edition of this book and like I rightly pointed out in the first edition, the choice of this title and the subject matter was not a thing of accident. It was predicated upon my observations of the unwholesome Labour Relations in the Nigerian Industrial set-ups. As at the time of making up my mind about this book, there was an unequal balanced relationship between the employers of labour in all segments of our Labour Relations on the one hand and those employed to do any kind of work on the other. The other reason is my realization that there is every need for legal practice to go into minute specialization. We could specialize in every aspect of the law for purposes of effective practice, specialization and representation.
Download or read book ESSENTIALS of MODERN NIGERIAN EMPLOYMENT LAW NOTABLE PRINCIPLES CASES and STATUTES written by Maro KIGHO-OYOLO and published by Independently Published. This book was released on 2020-07-21 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essentials of Modern Nigeria Employment Law is a compendium of the cardinal principles of labour law and industrial relations in Nigeria. It discusses major principles, cases, and statutes of Nigerian Labour law. Some of the themes discussed in a simple but masterly manner include: -Definitions and Sources of Nigerian Labour Law.-Who Is an Employee?-The Contract of Employment-The Doctrine of Vicarious Liability as It Applies to Employer-Employee Relationship...-Termination and Remedies for Wrongful Dismissal-Collective Bargaining-Workplace Health and Safety-The Employee Compensation Scheme-Trade Union Law-Trade Disputes and Settlement: General Perspectives-Present Position of The National Industrial Court Find also in this Edition a compilation of court decisions and statutes regulating the Employer-Employee relationship in Nigeria. This book is a must-read for every employer of labour, employees, students of labour law, Lawyers, and all in quest of up to date information in this area of law.
Download or read book Unfair Dismissal written by Cassim Chilumpha and published by . This book was released on 2007 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unfair Dismissals in the Workplace written by Moshood Quadri and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of what remedies are available in the event of the termination of the contract of employment of an employee without recourse to the terms of the contract of employment between the employer and employee is one that is on the front burner of litigation on labour matters. It is no news that of all matters adjudicated by the courts on labour relations; at least ninety percent of these matters are based on unlawful termination of the contract of employment. In view of this, the aim of this project is to determine what remedies are available in the event of an unlawful dismissal or termination of the contract of employment of an employee. To this end, an examination of the modes of termination and the position of the employee both under common law and statutory law has been undertaken. Furthermore, an examination of the remedies available to the injured party taking into consideration the judicial decisions in the courts both Nigerian and foreign. Also, the effects of international labour conventions on termination of employments were looked at and the applicability of these conventions to Nigeria were examined. Is the court bound to bring its decisions within the purview of what is known as International best practices? Finally, the position of the National Industrial Court and its attitude to cases of unfair dismissals is examined. Is the attitude of the NIC towards termination of employment and the remedies available to the injured party different from that of the regular courts? What factors come into play when the NIC awards compensation to the injured party when his contract is wrongfully terminated? In conclusion, it is noted that despite all the remedies available to the employee, the remedy mostly ordered by the court is an award of damages. The courts are always loath to order reinstatement of the employee except in cases involving statutory employers because "You cannot force a willing employee on an unwilling employer". Thus, most times, the remedy of damages is the only remedy available to the employee.
Download or read book What You Must Know about Unfair Dismissal written by André Van Niekerk and published by . This book was released on 2002 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with the law of unfair dismissal. At one stage or another in evry household there is someone who is either an employer or an employee; and anyone who is an employer or an employee is affected by the law of unfair dismissal and should know his or her rights and obligations.
Download or read book Nigerian Labour and Employment Law in Perspective written by Oladosu Ogunniyi and published by . This book was released on 1991 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recent Developments in Nigerian Labour and Employment Law written by Bimbo Atilola and published by . This book was released on 2017 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Echoes of Colonialism written by Faith Halidu and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In general, wrongful dismissal is a word most employers try to avoid, and to the employee an employer action against them in the form of wrongful dismissal can be a nightmare. This thesis examines the legacy of wrongful dismissal in two countries as reflected in the common law of both countries, This is done by closely analyzing written decisions by trial judges in Canada and Nigeria where employees have alleged wrongful dismissal by their employers and these complaints have been taken to court. The findings show that employers in Nigeria are given considerably more latitude by judges than those employers in Canada to wrongfully dismiss their employees. One reason for this greater latitude for employers in wrongly dismissing their employees in Nigeria than in Canada is the colonial history of each country... .
Download or read book Aspects of Unfair Dismissal Law written by Joseph Roger Carby-Hall and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unfair Dismissal written by John Munro Wright and published by Anchor Books. This book was released on 2012 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unfair Dismissal Study in Omani Labour Law with Emphasis on the Relevance of Shari a written by Fawzi Mubarak Al Kiyumi and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this research is to investigate the implications of unfair dismissal within the boundaries of Omani labour law with particular relevance to the role of Shari'a. Shari'a itself does not provide a legal code, contract law, or a law of tort as yet but it does provide examples of applicable rules, supported with analogies, to deal with employment. The basic principles of forming a contract in Omani Commercial Law; English Law and Shari'a are similar; however, they differ in application. Likewise, the principles of the employment contract are similar with a few differences being seen in implementation; specifically with regards to unfair dismissal issues. This research used a qualitative approach that has enabled the generation and analysis of data from multiple sources including literature review, semi-structured interviews, court cases, Shari'a implied employment contract principles as found in the Qur'an, the Sunnah and relevant Islamic texts. The research shows that the main reasons for employee dismissal can be categorised into: poor performance, disobedience regarding the contractual rules and regulations, absenteeism, aggressive behaviour and an extreme critical attitude in the work-place. From the employee's perspective, the main reasons for filing cases at Oman Courts were to seek justice, to obtain fair compensation or to highlight the moral values that form the Islamic code of practice. In contrast the employers considered seeking financial gain and revenge as the motivating factors for employees for filing court cases. There obviously is a mismatch to the reasons by each side and the key findings from this research suggest that there is a modest impact of the legal aspects of Shari'a on the Omani Law of Contract and the Employment Law though it is normally conceived by the public that Shari'a is the fundamental law that governs all aspects of muslim life. There needs to be an overwhelming expectation and requirement to develop procedures in the Omani Employment Law that expedite the process of dealing with dismissal cases and the propositions of establishing an arbitration committee may seem to be a way forward. In addition, the establishment of a Labour Court is paramount as at present the employment cases are heard in the Commercial Courts. This will align with the approach taken in the English system where the Employment Tribunals and the Employment Appeal Tribunal oversee cases and minimize delays in achieving justice. There is also a strong argument that there needs to be a review of Article 40/35/2003 that deals with employer rights to dismiss the worker without prior notice in order to establish a solid foundation for justice in the Sultanate of Oman. Unfair dismissal is a phenomenon that impacts on the employee, the employer, the employee's wider family network and society. This study provides an in-depth understanding and insight into these impacts and into the capacity of Shari'a impact to address modern employment issues in relation to the labour laws and secular laws being used in Oman today.
Download or read book The Nigerian Law Journal written by and published by . This book was released on 1975 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unfair Dismissal written by and published by . This book was released on 2002 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unfair Dismissal written by Incomes Data Services and published by . This book was released on 1998 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt:
