Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? - Family - Nairaland
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| Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by joy2dworld: 2:27pm On Jan 18, 2012 |
i know there are rules and laws against this in more civilised countries but seriously can an employer (not a bank) terminate the employment of a pregnant woman will appreciate it if there is a proper channel where one can seek redress. thank you |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by maclatunji: 4:03pm On Jan 18, 2012 |
joy2dworld: I heard your employer has the right to hire and fire you at will (with a few exceptions)! I will wait for the Lawyers to come and give you the correct answer. Accept my heartfelt sympathy, don't think about it too much, think about your baby (I assume you are speaking of yourself). |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by joy2dworld: 4:14pm On Jan 18, 2012 |
thanks , and yes am speaking about myself, the normal thing every one says is dont worry move on . but i feel the need to get justice i know the labor law frowns against it strongly but i need to know what exactly the law says thanks once again |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by maclatunji: 4:22pm On Jan 18, 2012 |
joy2dworld: Your employer will hardly admit formally or even informally that he/she sacked you because you got pregnant. There are always ways for a Manager to meander through the legal framework to achieve what he or she wants. |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by Aluksboy(m): 11:30am On Jan 19, 2012 |
I think it is bad to do dat, dat means the manager doesn't want d happiness of d baby. Bt again it depends what happens btw d lady and the Manager or CEO of the firm |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by ojofree: 11:45am On Jan 19, 2012 |
#OP your post is rather vague, was your appointment terminated because you got pregnant? |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by yme1(f): 11:50am On Jan 19, 2012 |
No it is unlawful for an Employer to fire a pregnant employee without justfiable reasons, he could be sued but if the employer can show that pregnancy had nothing to do with the discharge by establishing that the employee had been performing her job poorly, documenting the poor job performance, showing that she had been counseled about the job issues, and demonstrating that a final decision to fire her had been made before the employer had knowledge of her pregnancy then there is nothing you can do about the situation at hand madam except you can prove him wrong. ALL THE BEST |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by Sagamite(m): 11:52am On Jan 19, 2012 |
Name the company. |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by brainpulse: 11:53am On Jan 19, 2012 |
Dont worry . When Oil subsidy is removed by Jonatin the pregnant woman will see another Job |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by SpaceAngel: 11:57am On Jan 19, 2012 |
Am sure your employer never stated on the sack letter that you were discharged of your duty due to pregnancy so it could be a little bit difficult to prove that and moreover if it is a private maybe one man show, there is almost nothing you can do about it. Forget them think about your babies welfare and move on with life. |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by lastpage: 11:58am On Jan 19, 2012 |
@Poster: Let me ask a few questions before l can comment: 1.)Where you queried before now? How many times/ 2.) Do you have an issue with absenteeism? 3,) Is your file filled with warning letters? 4.) Di they give you a letter of sack (Does it contain the reason of your sack? It should by the way) 5.) Hopefully, l will assume you have not committed any act of "gross indiscipline" (like stealing), correct me if l am wrong please. If you dont have an issue with any of the above and your sack letter contains a reason for the sack, tell me and lets reason together. It is DISCRIMINATION to sack a woman for being pregnant (the best that can happen is she goes on leave without pay). If that itself, is WRONG but lets not be in a hurry to pass judgement yet. Lastpage! I have a strong feeling you're hurting. Translate your hurt into action, write to a Human Rights Lawyer, go and see some women NGO and seek advice. Mind you, l am saying all these on the assumption that "you are clean" yourself, as regards your work and performance 'cos your employer will use any possible excuse to justify and deflect the real reason they fired you. Relax, its not over yet. |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by Ojoyi: 12:08pm On Jan 19, 2012 |
instead of worry unnecessarily, seek redress act immediately. ur employer cannot riggle out in a court of law except if he had warned u severally about ur poor performance in writing(querry). |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by ifyalways(f): 12:27pm On Jan 19, 2012 |
@OP,provide answers to Lastpage's questions.And as a matter of fact,some companies include it in the appointment letter that you lose your employment without benefits the day you are found to be pregnant.Life is all about choices. |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by omo9ja1(m): 12:29pm On Jan 19, 2012 |
get a good lawyer if you are fire while you are pregnant unlawfully |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by Pennywise(m): 12:32pm On Jan 19, 2012 |
omo9ja1: You can get a lawyer but I imagine you will have a very little case if you are 'pregnant unlawfully' |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by Bobbyendy: 12:35pm On Jan 19, 2012 |
@op †ђξ question depends largely on where you are working coz generally an employer has †ђξ right to hire and fire while †ђξ worker equally has †ђξ right to choose weather 2serve or not. This freedom is provided for in Section 10 of †ђξ labour act. now under †ђξ labour act if you work in a private organization and your appointment is terminated wrongly no court of competent jurisdiction can ask †ђξ employer to take †ђξ worker back except Ūя̲̅ working in a govt establishment or employment governed by statue as was upheld in †ђξ case of UBN Ltd V ogboh. Now under this your situation †ђξ court will rely on the terms of †ђξ contract of employment to determine weather to grant damages or not cause fundamentally Ūя̲̅ employer is suppose to give you a month notice of ternination or provide payment in lieu of notice, My advice is that if none of †ђξ above mention was done by Ūя̲̅ emlpoyer. take Ūя̲̅ contract letter which contains †ђξ terms of d agreement to a good and sound lawyer he will know what to do, but remember †ђξ only remedy you will get if you can present your case to prove wrongful termination of your job and a gross departure of †ђξ agreement is damages by way of monetary compensation. Goodluck in Ūя̲̅ legal battle. |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by abhosts(m): 12:44pm On Jan 19, 2012 |
How many pregnancies have you had while working there? |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by Sike(m): 1:07pm On Jan 19, 2012 |
omo9ja1: ^_^ |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by lastpage: 1:10pm On Jan 19, 2012 |
@Ifyalways @OP,provide answers to Lastpage's questions.And as a matter of fact,some companies include it in the appointment letter that you lose your employment without benefits the day you are found to be pregnant.Life is all about choices.Even when it is stated in the appointment letter, it can still be over-ruled. It is said to be "void" ab-initio. Like if we agree or contract that you will pay me if l kill someone, that contract is illegal and therefore void, it is therefore unenforceable, if l refuse. So, if the "contract letter" is void from the onset, the employer cannot enforce it in law. Cheers. Lastpage |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by ifyalways(f): 1:23pm On Jan 19, 2012 |
LastPage,Years back in an international airline,the appointment letters of air stewards states that you lose your appointment without notice or benefits when the company notice you are pregnant. I have seen non-Nigerians that faulted and got served too.Anyhoo,I never saw/heard anyone contested or took them to court but are you actually saying that with the above scenario,the employer can sue the employee? |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by lastpage: 1:34pm On Jan 19, 2012 |
No, l am saying the employee can sue the employer for wrongful dismissal! The employer can not use that "clause" in the contract to defend itself because that contract is void, (by reason of its unenforceable terms). But again, we must put into context, the "nature of the work" the employee is engaged in. There are some things called "occupational Barriers" like you cannot employ a blind person as an eye surgeon! It is automatic disqualification so, such blind person can not sue for discrimination due to his blindness! Same may apply to the case of the Air Stewardess. Once your condition (Pregnancy in this case) is not a "core-barrier" to discharging your duty. FOr example, why cant a pregnant woman be a teacher? But can she be a Stewardess? (Flight problems to the baby, size of tummy to serve customers, bending down, in case of emergency can she be of any help to passengers?, e.t.c) Cheers. Lastpage |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by omar22(m): 1:41pm On Jan 19, 2012 |
It depends on why you were terminated If its because, poor performance, gross miscounduct or breaching one of the companies policies then they have the right, But if you were fired because you were pregnant! NO even if you were on maternity leave the firm have to keep your role open! unless if the firm goes belly-up!!! |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by omo9ja1(m): 1:45pm On Jan 19, 2012 |
Pennywise (m) |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by tomjerry2: 2:35pm On Jan 19, 2012 |
This same thing happen to a friend recently and If this is you, you will knw its me your colleague and friend,  I will realy appreciate you fight this battle to a satisfying end, but does dis man worth all the stress, energy & resources required for dis fight. I will realy miss you, we all are on d waiting list either pregnant or not.  take care my dear, may GOD be with you.  |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by shadrach77: 2:38pm On Jan 19, 2012 |
Go to the employment tribunal or unfair dismissal commission or better still, get a good lawyer to help you fight your case. You may be awarded compensation for unfair dismisal. That's a case of discrimination. Ire o!   |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by shadrach77: 2:43pm On Jan 19, 2012 |
Go to the employment tribunal or unfair dismissal commission or better still, get a good lawyer to help you fight your case. You may be awarded compensation for unfair dismisal. That's a case of discrimination. Ire o! |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by ikmomen(m): 4:21pm On Jan 19, 2012 |
no it is unlawful to terminate any appointment without any reason wether pregnant or nor |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by Princek12(m): 5:29pm On Jan 19, 2012 |
So does Nigeria have courts, lawyers, and laws, much less employment discrimination laws? Sometimes I forget that. The way that country operates, boy I tell ya! |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by joy2dworld: 6:13pm On Jan 19, 2012 |
lastpage: @ last page to answer all your questions * i worked witht he organisation in question fro a year and half * i never received a query ( not even verbal * am never late for work neither have i been unduly late ( not more than 5 min at the most) * my letter just stated that employment has been terminated with immediate effect i know it is possible that the employer or manager wriggles out by saying that they didnt fire me cause am pregnant , but if you lay off a pregnant woman ( if you have to ) shouldnt you pay adequate compensation? i have asked my husband he says i should let go, according to him why waste energy? i should concentrate on the baby coming". i naturally dont like been cheated . i left a bank for this job thinking i will have peace of mind from the stress of marketing . now this happened i want to fight it but through the right quarters so it wont happen to any other person again in that organisation i dont want to go and hide in my little corner and say all is well ( i know all will be well) , ( mind you my husband can adequately take care of me and the baby and my little daughter while am at home ) i just hate the feeling i have now. tom.jerry:@ jerry- i guess since you know i visit nairaland alot you already guessed it to be me . yes am the one. am good i just need support in this battle and doing it for the right reasons i dont want the job back just dont want a repeat performance for anyone . thank you all for your response , i hope i have been able to answer all the questions raised |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by freshera: 6:30pm On Jan 19, 2012 |
Na wa o for naija employers. Its normal o. But doesn't the employer think that the baby may be a future customer of the organisation? Abi without people having children, who will these companies sell to? |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by Nobody: 6:54pm On Jan 19, 2012 |
If your manager wants u gone, unless God prevents him/her and/or unseats him/her, he/she will always find some legalistic way of getting it done. e.g the day you arrive to work 5 minutes late because of traffic. something everyone else in the company probably does, but he will use that one that day to kick you out. |
| Re: Can A Pregnant Woman's Job Be Terminated Without Any Reason In Nigeria? by joy2dworld: 7:12pm On Jan 19, 2012 |
@ 2buff when i said i am hardly late to work and max 5 mins - if with the 2 times it happened i was the first to get to the office . the organisation is not big on people coming to work early . the so called managers get to work pretty late and never seem to notice someone that is strolling in at 10am . (i get in way before that time ) i know it is legally wrong but i dont like the defeatist attitude we Nigerians usually have, we let go and allow ourselves to be cheated and it is business as usual and then it happens to the next and the next person. i just feel something can be done. ( mind you , like i said i do not want the job back in any way) just want to correct something that is wrong ( if i can in my own little way ) |
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