Rethinking Wrongful Dismissal Remedies in Nigerian Employment Law: An Empirical Assessment

📖 ABSTRACT/OVERVIEW

Wrongful dismissal remains the most litigated category of employment dispute in Nigeria, yet the remedial framework available to unjustly dismissed employees has been criticised for producing inadequate compensation and failing to deter unlawful employer behaviour. This study empirically assesses the remedies available to wrongfully dismissed employees in Nigerian employment law, examining decisions of the National Industrial Court of Nigeria from 2019 to 2024 across private, public, and parastatal employment contexts in the South West, North Central, and South South zones. Using a mixed-methods research design combining quantitative analysis of 80 wrongful dismissal awards with qualitative interviews involving 30 employment lawyers and 20 dismissed employees, the research evaluates the consistency, adequacy, and deterrent effect of damages awards, reinstatement orders, and declaratory relief in wrongful dismissal cases. Findings reveal significant inconsistency in damages quantum, a judicial reluctance to order reinstatement in private sector employment, and a systematic failure to award aggravated or exemplary damages even in cases involving egregious employer misconduct. The study fills an empirical gap in the Nigerian employment law literature by providing the first comprehensive statistical analysis of wrongful dismissal awards. Recommendations include the adoption of judicial sentencing guidelines for wrongful dismissal damages, legislative clarification of reinstatement entitlements, enhanced enforcement powers for the National Industrial Court, and mandatory mediation in employment disputes. Keywords: wrongful dismissal, employment law, remedies, National Industrial Court, compensation

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Departments# Private Law