NIGERIA Law and Practice Contributed by: Adekunle Obebe and Tade Leo-Adegun, Bloomfield LP
Furthermore, under the Guidelines for the Release of Staff in the Nigerian Oil and Gas Industry 2019, employers that hold an oil mining lease, licence or permit (or an interest therein) issued under the Petro - leum Act or under regulations made pursuant to the Petroleum Act are required to obtain an approval from the Minister of Petroleum Resources (the “Min - ister”) for the dismissal of a worker. The Department of Petroleum Resources will conduct an inquiry into the circumstances of the proposed staff release and make a decision on whether to convey the Minister’s approval or otherwise. The Staff Release Guidelines stipulate a penalty, not exceeding the sum of USD250,000, for failure to com - ply with the Staff Release Guidelines. 8. Disputes 8.1 Wrongful Dismissal Wrongful dismissal claims can arise from several fac - tors, including: • failure to follow due process: (a) not providing a fair hearing; (b) not adhering to procedures outlined in the employment contract; • dismissal on invalid grounds: (a) termination based on grounds not justified by evidence; (b) discriminatory or retaliatory dismissal; and • lack of sufficient proof: (a) insufficient documentation or evidence to sup - port the reasons for dismissal. Consequences of Wrongful Dismissal Claim Failure to follow the appropriate process or lack of val - id grounds for dismissal can lead to several adverse outcomes. • Damages – Employees may successfully claim unfair dismissal, resulting in damages awarded against the employer. • Loss of reputation – Mishandling dismissals can damage the employer’s reputation. • Legal costs – Employers may incur significant legal expenses and may be required by court to recom -
pense the employee for the legal cost of the court proceeding. • Reinstatement – Courts may order the reinstate - ment of the employee to their former position. 8.2 Anti-Discrimination Grounds for Claims of Discrimination The NIC rules provide that where there is a claim of alleged workplace discrimination, the claimant shall state on which grounds the claim is based, which may include the following: • ancestry;
• religion; • gender; • marital status;
• family situation; • genetic heritage; • ethnic origin; • political or ideological convictions; • union affiliation; • tribe; • handicap or disability; • health; • pregnancy; and • any other ground. Burden of Proof
In Nigeria, the burden of proof for discrimination in the workplace primarily rests on the employee (the one who alleges the discrimination). The employee must provide sufficient evidence to support their claim of discriminatory practices by the employer. Once the employee establishes a prima facie case of discrimi - nation, the burden shifts to the employer to provide a legitimate, non-discriminatory reason for the actions in question. The decision of the court is usually based on the balance of probabilities. In termination cases where there is a claim of termina - tion for discriminatory reasons, it is not for the employ - ee to show that the termination was discriminatory; it is for the employer to justify the said termination. The law is that once an employer gives a reason for termi - nating or dismissing an employee, the burden lies with the employer to justify the said reason ( Angel Shipping & Dyeing Ltd v Ajah (2000) 13 NWLR (Pt. 685) 551 CA).
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