I was going through Niaraland today and happened upon this topic https://www.nairaland.com/3569908/interesting-legal-diary-legal-stories.
Of special note was the first scenerio which is the most common event in employment and Hr in Nigeria.

It was painted thus:

a. Mr. Tunde Alaye - an employee
b. Olaitan Yisa Consulting Ltd at the Itoko Branch of the Consulting Firm - employer.
c. He was so employed on 4/7/83 - employment date.
d. Gobee: In September 1987, Two individuals (officers of the National Union of Political Consulting Institution Employees) jointly sent a petition against the Mr. Tunde Alaye.
e. Allegations: Dishonest acts in the course of his duties under Olaitan Yisa Consulting Ltd.
f. In consequence, the Consulting Ltd suspended him from work.
g. Those who wrote the petition later withdrew it. This would appear to convey that the petition had been motivated by malice.
h. Mr. Alaye’s who expected to be called back from suspension was never called back.
i. Rather, by a letter dated 12-10-87, the company summarily dismissed him



This begs the questions - Ah ah. Abeg wetin him do? What the Law says:


1. In an ordinary employment like this, a termination of a contract of service, even if unlawful brings to an end the employment. This is because the court cannot impose an unwilling employee on an unwilling employer. Shikena.

2. However, where the contract of employment is backed by a Statute or Law. So, if you're working for the government e.g NNPC (NNPC Act), for example, your Director or even Commissioner cannot just wake up one day and say you should leave the government service without due process.


3. An employee or an employer have a right to walk away from a contract of employment is the manner specified in their written contract.

4. When you want to walk away, you must give Notice. In most cases, it is by giving the requisite notice agreed upon. However, where an employer lays of an employee without the necessary notice, he is expected to compensate the employee by paying the benefits the employee would have derived from his retention of his employment for the number of months the employer should have given him notice of termination.

5. In short, The law is that a servant would only be paid for the period he served his master and if he is dismissed as in this case, although wrongfully all he gets as damages is the amount he would have earned if his appointment has been properly determined.

6. Thus, where an employee is relieved of his employment without the requisite notice or his entitlement in lieu of the notice, he can sue for his entitlements but I'll advise such employee gets a lawyers to write his employer first to demand such entitlement before resorting to litigation which may be quite expensive.

7. An employee may be summarily dismissed if he is guilty of gross misconduct such as fraud, sexual offences etc. he is not entitled to any notice and cannot claim any benefit from his employer.


8. An employer does not have to give reasons for terminating your employment but where the employer gives reason, he must establish that cause of reason.

9. This one will make you happy: An employer has no right to stop an employee's salary when on suspension.


Why you must shine your eye:

In 2001, First Bank Removed their M.D/CEO without following due process. As a sharp guy, he sued them. The court awarded him ₦ 100,000,000,000. Yes. That's right. ₦100bn. The case is Longe V FBN Plc (gooogle it!).

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