Losing a job can be financially and emotionally challenging. When an employer terminates an employee’s appointment, many people immediately assume the termination is unlawful. Others believe an employer can dismiss an employee at any time without following any legal process.
The legal position is more nuanced. In Nigeria, employers generally have the right to terminate employment, but that right must be exercised in accordance with the employment contract, applicable labour laws, and, in some cases, constitutional or statutory provisions.
Understanding can an employer lawfully terminate your employment in Nigeria will help both employers and employees appreciate their rights and obligations when an employment relationship comes to an end.
What Is Termination of Employment?
Termination of employment is the lawful bringing to an end of an employment relationship by either the employer or the employee.
Termination may occur through:
- Notice by either party.
- Payment in lieu of notice, where permitted.
- Expiration of a fixed-term contract.
- Mutual agreement.
- Redundancy.
- Retirement.
- Other lawful means recognised by law.
Termination should be distinguished from dismissal, which may have different legal consequences depending on the circumstances.
Can an Employer Terminate Employment?
Yes.
As a general rule, an employer may terminate an employee’s appointment, provided the termination complies with:
- The employment contract.
- Applicable labour legislation.
- Any relevant collective agreement.
- The rules governing employment with statutory flavour, where applicable.
Failure to comply with these requirements may expose the employer to legal liability.
What Is Wrongful Termination?
Wrongful termination generally occurs where an employer fails to comply with the terms of the employment contract or the applicable law when ending the employment relationship.
Examples may include:
- Failure to give the required notice.
- Failure to pay salary in lieu of notice where applicable.
- Breach of contractual disciplinary procedures.
- Failure to comply with statutory procedures applicable to the employment.
Whether a termination is wrongful depends on the facts of each case.
What Is Employment with Statutory Flavour?
Some employments are governed not only by contract but also by specific statutes or regulations.
These are commonly referred to as employments with statutory flavour.
In such cases, the employer must comply with the procedures prescribed by the applicable statute before terminating the employment. Failure to do so may have different legal consequences from those applicable to ordinary master-servant employment.
Must an Employer Give Reasons for Termination?
The answer depends on the nature of the employment and the applicable legal framework.
In many ordinary employment relationships, an employer may terminate employment in accordance with the contract.
However, where statutory provisions, constitutional safeguards, or the nature of the employment require justification or adherence to specified procedures, the employer must comply with those requirements.
Legal advice should therefore be sought before reaching a conclusion in any particular case.
What Are an Employee’s Rights?
Depending on the circumstances, an employee may be entitled to:
- Notice of termination or payment in lieu, where applicable.
- Outstanding salary and benefits.
- Accrued contractual entitlements.
- Fair disciplinary procedures where required.
- Access to legal remedies if the termination is unlawful.
The exact rights depend on the employment contract and the applicable law.
What Should You Do If You Believe Your Employment Was Wrongfully Terminated?
If you believe your employment was terminated unlawfully:
- Read your employment contract carefully.
- Obtain copies of all relevant employment documents.
- Keep records of correspondence with your employer.
- Avoid making inflammatory statements on social media.
- Seek legal advice promptly.
- Explore settlement where appropriate.
- Commence legal proceedings where necessary and legally justified.
Early legal advice can help preserve your rights.
Common Mistakes Employees Make
Employees sometimes:
- Ignore the terms of their employment contract.
- Resign without understanding their legal position.
- Sign settlement agreements without legal advice.
- Delay taking legal action.
- Fail to preserve relevant evidence.
Avoiding these mistakes may strengthen your position.
Why Legal Advice Is Important
Employment disputes often involve complex contractual and statutory issues.
A lawyer can assist by:
- Reviewing the employment contract.
- Assessing whether the termination complied with the law.
- Negotiating with the employer.
- Advising on available remedies.
- Representing clients in employment disputes before the appropriate court.
Obtaining legal advice early can prevent costly mistakes.
How Lexforte Attorneys Can Help
At Lexforte Attorneys, we advise and represent both employers and employees on a wide range of employment law matters.
Our services include:
- Employment contract review.
- Wrongful termination claims.
- Workplace disciplinary matters.
- Employment dispute resolution.
- Negotiation and settlement.
- Court representation.
We are committed to providing practical legal solutions that protect our clients’ rights and commercial interests.
Conclusion
Whether an employer can lawfully terminate employment in Nigeria depends on the employment contract, the applicable law, and the circumstances of the case. While employers generally have the right to terminate employment, that right is not unlimited.
If you believe your employment has been terminated unlawfully, obtain legal advice before taking further steps. Understanding your rights and obligations is the first step towards resolving an employment dispute effectively.
Need advice on an employment dispute? Contact Lexforte Attorneys for experienced legal guidance on wrongful termination, employment contracts, and workplace disputes.