Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Wrongful termination or unlawful dismissal refers to when an employee is fired from their job in ways that violate specific labour laws, employment agreements or constitutional rights. In Benin City, similar to the rest of Nigeria, wrongful termination laws are governed under provisions of the Nigerian Labour Act, Employment Ordinance, and the Constitution of the Federal Republic of Nigeria. The laws protect employees from dismissals primarily based on discriminatory reasons, retaliation or breach of employment contract.
Wrongful termination cases can be complex, requiring a deep understanding of Nigeria's labour laws. If you believe that your dismissal was discriminatory, in violation of an employment contract, or as a form of retaliation, you should seek legal help. Lawyers can help gather necessary evidence, represent your interest with negotiation or litigation, and ensure that your rights are adequately protected. Additionally, if your former employer is refusing to pay severance or accrued benefits, a lawyer can assist in obtaining what you are due.
Several local laws in Benin City protect against wrongful termination. Most notable is the Labour Act, which prohibits termination based on discriminatory grounds such as race, colour, sex, religion, political opinion, national extraction or social origin. The Employment Ordinance also requires employers to provide a valid reason for termination and give notice or pay in lieu of notice. Finally, the Constitution provides that everyone is entitled to fair labour practices, and any person who has experienced wrongful termination has the right to take the issue to court or a tribunal.
Wrongful termination includes dismissal based on discrimination, retaliation, refusal to commit an illegal act, and in violation of employment contracts. If your dismissal falls into any of these categories, it may be considered wrongful termination.
For a valid claim, you may need to present evidence such as communication records, witness testimonies, or any documents showing policy violations or discriminatory practices in your workplace. Your lawyer can help you gather and present such evidence.
Yes. If your wrongful termination claim is validated, you may be entitled to reinstate your job, receive back pay, compensation for emotional distress caused as a result of the termination, or punitive damages, depending on the circumstances.
In Nigeria, there is a six-year statute of limitations for breach of contract actions, which may be applicable in wrongful termination cases involving employment contracts. You should consult with a lawyer promptly after your dismissal to ensure that your rights are preserved.
While not mandatory, hiring a lawyer significantly increases your chances of a favourable outcome. A lawyer can guide you through the process, provide legal advice, gather evidence, and advocate for you in court.
The Nigerian Bar Association with its numerous branches throughout the country, including in Benin City, can help you locate a competent lawyer specialized in labour law. Another helpful agency is the Nigeria Labour Congress (NLC), providing guidance and advocacy for workers' rights. You may also refer to the Industrial Arbitration Panel (IAP) and the National Industrial Court of Nigeria for more information on labour law-related disputes.
If you believe you have been wrongfully terminated, promptly seek legal help. Collect any evidence you might have relating to your dismissal, and write a summary of the events leading to your termination. Reach out to a competent lawyer who specializes in labour law, discuss your case with them, and follow the advice they offer to best protect your rights.
