REMEDIES FOR UNFAIR DISMISSAL UNDER NIGERIAN LABOUR LAW

Abstract

The termination of employment represents one of the most contested terrains in contemporary Nigerian labour jurisprudence, embodying the perennial tension between managerial prerogatives and employee security. This paper undertakes a comprehensive examination of the remedies available for unfair dismissal under Nigerian labour law, tracing the evolution from common law contractual principles to the modern statutory framework anchored in the National Industrial Court of Nigeria's expansive jurisdiction. The study analyses the conceptual distinctions between wrongful termination, unlawful termination, and unfair dismissal, while critically evaluating the remedial options including reinstatement, re-engagement, damages, and declaratory reliefs. Drawing from recent judicial decisions, the paper demonstrates how the National Industrial Court has progressively moved beyond the traditional common law constraints to embrace international best practices and ILO standards. The research reveals significant developments in the award of general and exemplary damages, the expansion of reinstatement remedies beyond statutory employment, and the recognition of constructive dismissal as a distinct category of unfair labour practice. The paper identifies persistent challenges including the exclusion of informal sector workers, inconsistent remedial awards, and the absence of comprehensive unfair dismissal legislation. It concludes with recommendations for statutory reform to codify unfair dismissal provisions, establish clear procedural requirements, and strengthen institutional mechanisms for effective remedy enforcement. This study contributes to the ongoing discourse on employment protection in Nigeria and offers valuable insights for policymakers, jurists, and practitioners in the field of labour law.