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Nigeria: Termination of employment

Original and updating authors: Dayo Adu and Adekunle Obebe, Bloomfield Advocates & Solicitors

Consultant editor: Ayobamidele Akande, Stark Legal

Summary

  • There is little statutory regulation in relation to termination of the employment contract, and this is governed principally by the terms of the employment contract and common law. (See General)
  • In general, an employment contract can be terminated at any time, for any reason, by the employer or employee giving the relevant notice. (See Termination with notice)
  • The employer can terminate the employment contract without notice or a payment in lieu of notice where the employee fundamentally breaches the contract. (See Termination without notice)
  • It is unlawful for employers to terminate an employment contract because of discrimination on any grounds prohibited by the Constitution, and there are restrictions on the termination of contracts of employees on maternity leave and in relation to trade union activities and membership. (See Protection from termination)
  • When selecting employees in a particular category for redundancy, the employer must generally apply the principle of "last in, first out". (See Redundancy)
  • The main potential challenge to a termination is that it was in breach of contract and therefore wrongful. (See Wrongful dismissal)