EMERGING ISSUES IN INDUSTRIAL RELATION THE ROLE OF

EMERGING ISSUES IN INDUSTRIAL RELATION: THE ROLE OF A HUMAN RESOURCE PRACTITIONER

TABLE OF CONTENT • Introduction • The real issues; termination of employment, suspension and dismissal • The role of a Human Resource Practitioner in Industrial Relations • Conclusion

INTRODUCTION • As a result of the emerging issues in industrial relations, it has become one of the most delicate and complex problems in modern industrial society. • Meanwhile, an HR Practitioner, being a recognised intermediary between the employer and the employee, is expected to be familiar with these issues to avoid liabilities for the employer. • Hence, the role of Human Resource Practitioner in industrial relations cannot be overemphasised.

CLASSIFICATION OF EMPLOYMENT The classification of employment includes; 1) Employment at will or servant holding an office at pleasure or Master and servant relationship 2) Employment with statutory flavor 3) Employment by contract

TERMINATION, SUSPENSION AND DISMISSAL OF EMPLOYMENT. 1. TERMINATION q. Whether termination of employment can be done without giving any reason? q. If a reason has to be given for termination, whether failure to give such a reason would invalidate the termination. q. Remedies that are open to employees in the event of wrongful termination. q. Can a Nigerian court grant damages for psychological, emotional pain and distress claims for wrongful termination of contract of employment?

TERMINATION OF EMPLOYMENT, SUSPENSION AND DISMISSAL 1. TERMINATION (CONTD. ) q. Whether termination of employment can be done without giving any reason? In Nigeria, an employer can terminate the contract of employment with his servant at any time and for any reason or for no reason at all provided that the terms of the contract of service between them are complied with. The motive which led an employer to lawfully terminate the employment is normally irrelevant. See Olaniyan v. University of Lagos (1985) 2 NWLR (Pt. 9) 599 – 685) and Opuo v. NNPC (2001) 14 NWLR (Pt. 734) 552. q. If a reason has to be given for termination, whether failure to give such a reason would invalidate the termination. If the Contract of Employment provides that reason has to be given for termination, failure to give such a reason will make the Employer to be liable for wrongful termination. However, it is important to note that you cannot force a willing employee on an unwilling employer. An aggrieved employee whose employment has been terminated wrongly in this regard, can bring an action for damages.

1. TERMINATION OF EMPLOYMENT, SUSPENSION AND DISMISSAL TERMINATION (CONTD. ) q. Remedies that are open to employees in the event of wrongful termination. • Damages • Quantum meruit • Specific performance q. Can a Nigerian court grant damages for psychological, emotional pain and distress claims for wrongful termination of contract of employment? Unlike in the UK and other commonwealth jurisdictions, a Nigerian court would generally not grant damages for psychological, emotional pain and distress claims of an employee for unlawful termination of his contract of employment by the employer. Although, Section 19 (d) of the National Industrial court Act provides for an award of compensation or damages in any circumstance.

TERMINATION OF EMPLOYMENT, SUSPENSION AND DISMISSAL 2. SUSPENSION q. The meaning of suspension q. Whether suspension needs to be in the contract of employment or employee’s handbook before the employer can be suspended. q. The significance of a suspension clause in a contract of employment and employee’s handbook q. The implication of the suspension clause if not contained in the Employee’s handbook q. Can an employee resign while suspension is still ongoing? q. What is the validity of indefinite suspension?

TERMINATION OF EMPLOYMENT, SUSPENSION AND DISMISSAL 2. SUSPENSION q. The meaning of suspension: Suspension means to discontinue temporarily, but with an expectation of resumption. q. Whether suspension needs to be in the contract of employment or employee’s handbook before the employer can be suspended: An employer’s power to suspend an employer at any time, during probation or after confirmation, is without a doubt, whether or not it is expressly stated in the employment contract. No court of law will deny an employer of this inherent power, if utilized properly. q. The significance of a suspension clause in a contract of employment and employee’s handbook The major significance of a suspension clause in a contract of employment is that it sometimes provides the ground, procedure and duration of suspension.

TERMINATION OF EMPLOYMENT, SUSPENSION AND DISMISSAL 2. SUSPENSION q. The implication of the suspension clause if not contained in the Employee’s handbook The employer can suspend with, or without a suspension clause in the employee handbook q. Can an employee resign while suspension is still ongoing? Yes, an employee can resign while the suspension is ongoing provided he gives the employer the required notice period. q. What is the validity of indefinite suspension? An indefinite suspension is not valid. A suspension must have a definite lifespan for it to be effective.

TERMINATION OF EMPLOYMENT, SUSPENSION AND DISMISSAL 3. DISMISSAL q. Definition of Dismissal q. Whether dismissal of employment can be done without giving any reason? q. The effect of dismissal without a viable reason. q. Remedies for wrongful dismissal in Nigeria.

TERMINATION OF EMPLOYMENT, SUSPENSION AND DISMISSAL 3. DISMISSAL q. Definition of Dismissal: Dismissal is a disciplinary measure, which carries no benefits and can only be exercised by the employer. q. Whether dismissal of employment can be done without giving any reason? q. There is a difference between termination of a contract of employment and a dismissal. Unlike termination, in cases of dismissal, the employer is required to give reason for the action. See Union Bank of Nigeria Plc v. Soares (2012) 11 NWLR (Pt. 3112) 550. In the case of George Abomeli v. Nigerian Railway Corporation (1995) 1 NWLR (Pt. 372) 451 the court held that while it is settled that an employer is not bound to give any reason for lawfully terminating a contract of service he must give reasons for summarily dismissing the employee. q. There must also be strict compliance with the fair hearing principle.

TERMINATION OF EMPLOYMENT, SUSPENSION AND DISMISSAL 3. DISMISSAL q. The effect of dismissal without a viable reason. Dismissal from employment without a reason will make an employer to be liable for wrongful dismissal. q. Remedies for wrongful dismissal in Nigeria. • Damages • Specific Performance • Reinstatement where the employee’s employment is governed by statute.

EMERGING ISSUES IN INDUSTRIAL RELATIONS: THE ROLE OF A HUMAN RESOURCE PRACTITIONER To potentially avoid liabilities in relation issues associated with termination , suspension and dismissal, an HR practitioner must: • Engage the services of professional. E. g. Lawyers • Ensure strict compliance with the contract of employment. • Be abreast with the relevant legislations and international best practice. • Ensure that other documents relevant to the contract of employment are complied with.

CONCLUSION Labour is the most important factor of production and thus deserving of a special legal attention to achieve optimal and sustainable productivity. We need to put our act together and move on with the times.