NIGERIA Law and Practice Contributed by: Adekunle Obebe and Tade Leo-Adegun, Bloomfield LP
• maintaining peace and harmony in the work envi - ronment; • contribution to members’ welfare; and • representation of employees. 6.2 Employee Representative Bodies See 6.1 Unions . 6.3 Collective Bargaining Agreements Collective bargaining agreements (CBAs) are legally binding contracts negotiated between employers and labour unions or representatives on behalf of employ - ees. These agreements record the terms and condi - tions of employment, including the following: • wages; • working hours; • benefits; • grievance procedures; and • other workplace policies reached between the par - ties after the bargaining process. The process of negotiating a CBA involves both par - ties bargaining in good faith to reach mutually accept - able terms that balance the interests of labour and management. They are enforceable under Nigerian labour law and provide a framework for resolving disputes through agreed-upon procedures, thereby promoting harmonious employer–employee relations. In Nigeria, CBAs are recognised in both public and private employment.
on the operational requirements of the undertaking, establishment or service, as held in Duru v Skye Bank Plc and Aloysius v Diamond Bank Plc . Procedure for Dismissal An employer has the right to terminate an employment contract through dismissal without notice in cases of gross misconduct, as defined by common law. This right is typically outlined in the employment contract, which specifies the grounds for such dismissal. Com - monly reaffirmed grounds under Nigerian law include fraud, criminal conduct, professional misconduct, incapacity, dishonesty, etc. The procedural require - ments for dismissal vary depending on the grounds for termination. Performance-related dismissal The procedure for performance-related dismissal is as follows. • Document performance issues and provide feed - back. • Issue formal warnings and offer a performance improvement plan. • Allow the employee time to improve their perfor - mance. • If there is no improvement, proceed with termina - tion, ensuring the process and documentation are clear and transparent. Misconduct-related dismissal The procedure for misconduct-related dismissal is as follows. • Conduct a thorough investigation of the alleged misconduct. • Provide the employee with an opportunity to respond to the allegations ( Baba v NCATC (1991) 5 NWLR (Pt. 192) 388). • Based on the investigation and hearing, decide on termination for gross misconduct ( Olatunbosun v NISER Council (1988) 3 NWLR (Pt. 80) 25). Generally, where the employment contract has set out the procedure, it should be followed, and the employ - ers must ensure they align with best practices and legal standards.
7. Termination 7.1 Grounds for Termination Motive for Termination of Employment
Previously, the law on termination was that motive was irrelevant as long as the terms of the contract were complied with, and an employer had the right to ter - minate an employee’s contract either with or without reason, provided this was done within the ambit of the law and the clearly stated provisions of the employ - ment contract. That position has, however, shifted, with the NIC specifying that an employer must now provide a valid reason for such termination connected with the capacity or conduct of the worker or based
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