A COMPARATIVE EVALUATION OF TERMINATION AND DISMISSAL LAWS IN NIGERIA VIS-À-VIS INTERNATIONAL LABOUR LAW STANDARDS

This research critically evaluates the inadequacy of Nigerian labour laws on termination and dismissal, especially in comparison with international labour standards such as ILO Convention No. 158.The study focuses on how Nigerian labour law principally in the private sector continues to rely heavily on common law doctrines like the master-servant principle, which allow employers to terminate employment without providing valid reasons.This mainly applies to contracts without statutory flavour as is the case with nongovernmental corporations.It examines the extent to which Nigerian labour law aligns with international standards that emphasise fairness, procedural safeguards, and justifiable grounds for dismissal.The research adopts a doctrinal and comparative approach, analysing statutory provisions, judicial decisions, and international instruments, with reference to how the United Kingdom and South Africa have implemented similar standards.Findings show that while the National Industrial Court of Nigeria has made commendable efforts, Nigeria"s legal framework remains fragmented and lacks the statutory force to fully protect workers" rights.The study concludes by recommending legal reforms that would bring Nigerian labour laws in line with global standards, ensure consistency in judicial enforcement, and offer more meaningful protection for employees against wrongful termination and dismissal.

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Publication Details

Journal
UDUS Law Journal
Published
2026-02-26
DOI
https://doi.org/10.61955/lqpquz
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
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article

A COMPARATIVE EVALUATION OF TERMINATION AND DISMISSAL LAWS IN NIGERIA VIS-À-VIS INTERNATIONAL LABOUR LAW STANDARDS

AMAAYENEABASI AMAAYENEABASI
UDUS Law Journal
Conflict of Laws and Jurisdiction
article

A COMPARATIVE EVALUATION OF TERMINATION AND DISMISSAL LAWS IN NIGERIA VIS-À-VIS INTERNATIONAL LABOUR LAW STANDARDS

AMAAYENEABASI AMAAYENEABASI
article en

Abstract

This research critically evaluates the inadequacy of Nigerian labour laws on termination and dismissal, especially in comparison with international labour standards such as ILO Convention No. 158.The study focuses on how Nigerian labour law principally in the private sector continues to rely heavily on common law doctrines like the master-servant principle, which allow employers to terminate employment without providing valid reasons.This mainly applies to contracts without statutory flavour as is the case with nongovernmental corporations.It examines the extent to which Nigerian labour law aligns with international standards that emphasise fairness, procedural safeguards, and justifiable grounds for dismissal.The research adopts a doctrinal and comparative approach, analysing statutory provisions, judicial decisions, and international instruments, with reference to how the United Kingdom and South Africa have implemented similar standards.Findings show that while the National Industrial Court of Nigeria has made commendable efforts, Nigeria"s legal framework remains fragmented and lacks the statutory force to fully protect workers" rights.The study concludes by recommending legal reforms that would bring Nigerian labour laws in line with global standards, ensure consistency in judicial enforcement, and offer more meaningful protection for employees against wrongful termination and dismissal.

UDUS Law Journal
Usmanu Danfodiyo University (NG)
Decent work and economic growth
Openalex Percentile: Top 45%
Conflict of Laws and Jurisdiction
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