A Critical Appraisal of Employment Contracts Under the Nigerian Law: Rights, Obligations, Termination, and Remedies

Abstract

The contract of employment constitutes the foundation of labour relations in Nigeria, establishing the legal framework within which employers and employees exercise their respective rights and discharge their reciprocal obligations. The dynamic nature of contemporary employment relations, shaped by legislative developments, judicial intervention, constitutional norms, and international labour standards, has heightened the need for a critical examination of the legal principles governing employment contracts. This article critically examines the concept, nature, formation, sources, and essential elements of the contract of employment under Nigerian law. It further analyses the statutory and common-law principles regulating employment relationships, with particular emphasis on the rights and obligations of employers and employees, the regulation of termination, and the evolving role of the National Industrial Court of Nigeria in the development of employment and labour jurisprudence. The article engages with relevant legislative frameworks, including the Labour Act and the Constitution of the Federal Republic of Nigeria 1999 (as amended), alongside leading judicial authorities such as Shitta-Bey v Federal Public Service Commission, Olaniyan v University of Lagos, and Shena Security Co. Ltd v Afropak (Nig.) Ltd. The article argues that, notwithstanding significant developments in the protection of employment rights and the advancement of labour jurisprudence in Nigeria, gaps in the existing legal framework and emerging challenges in contemporary employment relations necessitate sustained legislative and judicial reform. It concludes that greater alignment between domestic employment law, constitutional guarantees, judicial developments, and international labour standards is essential JLGP JLGP E-ISSN 2579-051X for strengthening workplace protection, promoting industrial justice and harmony, and advancing sustainable socio-economic development in Nigeria.

Keywords

References