Arbitrary dismissal is a serious issue in Nigeria, and it can have a devastating impact on employees. If you have been arbitrarily dismissed from your job, you are not alone. There are many people who have been through the same thing, and there are legal steps that you can take to protect your rights.
Under the Nigerian Labour Act, an employer can only lawfully fire an employee for one of the following reasons:
Actions that can lead to arbitrary dismissal
- Gross misconduct: this includes serious offences such as theft, fraud, or violence.
- Incapability: this means that the employee is unable to perform their job duties due to illness, injury, or other factors.
- Redundancy: this means that the employer no longer needs the employee’s job position.
If you have been dismissed for any other reason, it is likely that your dismissal was arbitrary. You may be able to file a lawsuit against your employer for wrongful dismissal.
Here are some steps you can take if you have been arbitrarily dismissed:
- Document the dismissal; this includes keeping a record of the dates, times, and details of the dismissal. You should also keep any evidence you have, such as emails, letters, or receipts.
- Seek legal advice. An attorney can help you understand your legal rights and options.
- File a complaint with the National Industrial Court. The National Industrial Court is the court that hears cases of wrongful dismissal.
Case study:
In the case of Adeboye v. Access Bank Plc, the claimant, Adeboye, was employed by Access Bank Plc as a Customer Service Representative. He was summarily dismissed from his employment without any prior warning or explanation. Adeboye filed a lawsuit against Access Bank Plc for wrongful dismissal.
The court found in favour of Adeboye and awarded him damages for wrongful dismissal. The court held that Access Bank Plc had not followed the proper procedures for dismissing an employee, and that the dismissal was therefore arbitrary.
This case is a good example of how an employee can be protected from arbitrary dismissal under the Nigerian Labour Act. If you have been arbitrarily dismissed from your job, you should seek legal advice to determine whether you have a case for wrongful dismissal.
Conclusion
We empathise with anyone who has been arbitrarily dismissed from their job. It is a difficult and stressful experience, and it can be hard to know what to do next. However, it is important to remember that you have rights, and you should not be afraid to fight for them.
We hope this information is helpful. Please feel free to share this post with anyone who you think may benefit from it.
Referenced case: Adeboye v. Access Bank PLC:
NICN/LA/13/2013
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