WRONGFUL VS UNLAWFUL TERMINATION: CLARIFYING EMPLOYER OBLIGATIONS IN NIGERIAN EMPLOYMENT

Abstract

Termination of employment remains one of the most litigated issues in Nigerian labour jurisprudence, with disputes over dismissal accounting for a significant portion of cases before the National Industrial Court of Nigeria (NICN). Yet, conceptual and doctrinal confusion persists in distinguishing between wrongful termination and unlawful termination, a distinction that carries profound consequences for remedies, employer obligations, and employee protections. Globally, protection against unfair or unlawful dismissal has been expanding, with jurisdictions such as the United Kingdom, South Africa, and the United States adopting statutory frameworks that go beyond mere contractual remedies to enforce substantive fairness in termination decisions. Nigerian law, however, remains caught between a formalist contractual approach and emerging international standards favouring equity and social justice. The Labour Act 2004, constitutional guarantees of fair hearing and non-discrimination, and progressive NICN jurisprudence have introduced protective elements, but inconsistencies remain in judicial reasoning and the remedies awarded. This paper, with the aid of doctrinal methodology, critically examines the distinction between wrongful and unlawful termination in Nigerian employment law, situating it within comparative perspectives. It argues for clearer statutory guidance and judicial consolidation of principles in order to ensure coherence, protect workers’ rights, and align Nigeria with evolving global standards on termination of employment. The paper concludes with recommendations for statutory reforms of the applicable laws.