Another case for law section on NL:a friend of mine just resumed work after 3 months maternity leave,and on the first day of resumption,got a sack letter!, now who does such a thing??!!, how can be be protected in this society?, for goodness sakes,she just had a baby!!!how's she supposed to cope?, some lawyer in here or human rights activist s say something here!, ah,Naija,oma se o!

Well the employer reserves the hire&fire rights, which can be exercised at anytime. Now if ur friend have a proper letter of employment, it would contain various conditions before she would be sacted. I mean the usual clause of one month lieu notice from either party. If either party fails in meeting the conditions, then the law can take its course

toba:

Well the employer reserves the hire&fire rights, which can be exercised at anytime. Now if your friend have a proper letter of employment, it would contain various conditions before she would be sacted. I mean the usual clause of one month lieu notice from either party. If either party fails in meeting the conditions, then the law can take its course

not only the notice should be considered. Did the sack follow due process. Did it follow the organisational policy on termination of employment. lf they went thru the laid dow process of termination, u dont have a case, but if not you can sue for wrongful termination of employment. The problem is that most of our naija coys dont have a well defined process manual, so u dont even know when they are going wrong or right, the issue of sueing becomes impossible.
If you have your employee manual, go thru it and see if it has a well defined process on termination. Or if your coy has a documented mgt system, go thru it, and see if the termination is justifiable.

You need to name the company and the reason for her sack.

Otherwise one cannot judge if they have been unfair.

THIS IS SERIOUS, IT HAS HAPPENED TO MY FRIEND TOO SOMETIMES AGO AND IT REALLY AFFECTED HER CAREER, IT IS WELL

Sagamite:

You need to name the company and the reason for her sack.

Otherwise one cannot judge if they have been unfair.

GBAM
Perception can't/won't hold in the court of Law. You need hard evidence

Jaybee, r u a lawyer?

Nah sista. Why do u ask?

Economy in crisis. There is need for plan B

This is serious oooh why did they have to sack the very day she resumed from her maternity leave.
Maybe they must have planned it before and was just waiting for her to resume, but that's bad.

In my office maternity leave has just to increased from 3 to 4 months including some additional benefits like pregnancy leave, anti-natal day off, paternity leave etc.

Also, once it's been noticed that u are pregnant any saction/penalty will be suspended until u deliver.

I think this is fair at least, other companies should emulate this.

Private/one man business company? anything can happen.

quote
This is serious oooh why did they have to sack the very day she resumed from her maternity leave.
Maybe they must have planned it before and was just waiting for her to resume, but that's bad.

In my office maternity leave has just to increased from 3 to 4 months including some additional benefits like pregnancy leave, anti-natal day off, paternity leave etc.

Also, once it's been noticed that u are pregnant any saction/penalty will be suspended until u deliver.

I think this is fair at least, other companies should emulate this.
[quote][/quote]

Exactly

Its no news!
this is normal with being an emplyee.

You could be sacked anytime with or without notice. You can also quit the job with or without notice also.

Find another paid job or better still start a business.

Is this in Nigeria?

toba:

Well the employer reserves the hire&fire rights, which can be exercised at anytime. Now if your friend have a proper letter of employment, it would contain various conditions before she would be sacted. I mean the usual clause of one month lieu notice from either party. If either party fails in meeting the conditions, then the law can take its course

No employer's policy supersedes any country's labour laws. No company can try these in US or Japan. In fact in Japan, presently there is paternity leave.

All these are caused by the useless people we have at the helm of affairs as our leaders.  They are just comfortable and out of touch with reality.  

@poster, what did she do?

!!! @ poster am sure dere most bi a reason 4 dat, try nd confirm her job history 4rm d oganisation

nikkykay:

Jaybee, r u a lawyer?

You still haven't admitted that you love me!

If she broke any of the rules, including the agreed length of her maternity leave, then, I dare say, the employer has every right to terminate her employment.

It also possible there could be other reasons though.

I guess her company is a one- man company. If there are conditions of service in her organization she can check if her termination contradicts any by that she can sue especially for wrong termination of appointment and subsequent payoff.

Employment act is not something she can go with if her company is not a large scale organisation where standards are specified and followed to the later.

The employer can not just sack her for no reason. Ask her some questions like did she resume the day she supposed to resume? is there any coy's policy she has bridged,

agitator:

No employer's policy supersedes any country's labour laws. No company can try these in US or Japan. In fact in Japan, presently there is paternity leave.

All these are caused by the useless people we have at the helm of affairs as our leaders.  They are just comfortable and out of touch with reality. 

Actually, it depends on the state you are in. An employer have the rights to terminate employment without any liability. It is called employment at will. The employer is allowed to discharge one for a good cause, a bad cause or no cause at all. Believe me, nothing will happen to the company. I have seen a woman's contract ended because she was pregnant. Of cos they wont tell you that was the reason. How do you prove this discrimination esp when they tell you the reason is that they have no more work for you?

PS: I live in maryland state and that type of employment applies here.

Damysa:

This is serious oooh why did they have to sack the very day she resumed from her maternity leave.
Maybe they must have planned it before and was just waiting for her to resume, but that's bad.

In my office maternity leave has just to increased from 3 to 4 months including some additional benefits like pregnancy leave, anti-natal day off, paternity leave etc.

Also, once it's been noticed that u are pregnant any saction/penalty will be suspended until u deliver.

I think this is fair at least, other companies should emulate this.

@Dammsa

Is there vacancy in u'r firm. Let me apply imagine paternity leave.

jay bee:

Nah sista. Why do u ask?

Ok. just of the way u talked.Pls dont ask me "hw did i talk"

Sagamite:

You still haven't admitted that you love me!

Love u, u said.U must be kidding

I can be ur lawyer though

Not a new thingy.Diamond Bank has sacked a girl in their Ilorin branch while she was still on maternity leave sef.

nikkykay:

Love u, u said.U must be kidding

Don't worry, it takes time. It will come. [Strokes his chin slowly]

[flash=400,350]
https://www.youtube.com/watch?v=-dyX6THzXMw[/flash]

I will crack you eventually. 

I will have you ethusiastically screaming . . . .

[flash=400,350]
https://www.youtube.com/watch?v=CtEVy_zjr9Y[/flash]

And I will be like . . . . . .

[flash=400,350]
https://www.youtube.com/watch?v=heY15iUzZZs[/flash]

Me thinks its a bank in Nigeria.Sounds like their handy work.But like we ve all said,its better if we all can have a plan B.Lets start thinking outside of the box.Nothing is permanent especially with the kind of industry leaders we have.They are very erratic.They just wake up one morning and take decisions.As far as they are concerned,there members of staff are nobody.It does not matter and that is why businesses die in Nigeria.

i think perhaps she must have broken one rule or the other. There is a written policy in my company that you cant go on maternity leave until after 24 months of employment, then every 2 years after that. A colleague of mine was sacked like that last year.She was pregnant when she was employed but didnt declare until she went for her medical, she went on maternity leave 5 months after employment and she was expressly told that she would not be paid for the 3 months she would be on mat leave, she connived with an HR officer and her name was deliberately left in the payroll. She collected her money for 3 months and it was discovered by another HR officer. The HR officer in question pleaded that it was an oversight and was just queried. Though, she was initially requested to work for 3 months without pay but the HR Manager decided against it and her appointment was terminated the day she resumed.

Anyhow you want to prove it in the court of law, the company will always find a way to nail you!!!

Permit me people to say this: an employer can terminate any staff appointment for any reason, thats just the way the system is. What we should all consider is a PLAN B!
I use this opportunity to invite you guys to the Plan B conference coming up in December. send a mail to info@acceltage.com for enquiries.
regards

chines4:

@Dammsa

Is there vacancy in u'r firm. Let me apply imagine paternity leave.

hmmm yes, please come and apply so that u can be going 4 paternity leave. who no like better thing??

dollypenn:

Another case for law section on NL:a friend of mine just resumed work after 3 months maternity leave,and on the first day of resumption,got a sack letter!, now who does such a thing??!!, how can be be protected in this society?, for goodness sakes,she just had a baby!!!how's she supposed to cope?, some lawyer in here or human rights activist s say something here!, ah,Naija,oma se o!

Na Nigeria u see so.

I know of a teacher in my younger Brother's school, his wife delivered a baby and on the naming ceremony which happen to be during the week, his boss insisted that he comes to the office (school). Failing, the guy didn't go and at the end, the next day he got sacked!!!

Sagamite.....howz nikkykay parols nah?