Unfair Termination of Employment Contract in Nigeria and South Africa: Comparative Analysis
  • Author(s): Dariyem Nanbam Kruslat ; A. G. Yirvoms ; Peret Ayuba Yirvoms ; Vincent Orifunmishe ; Oyaonu Akuh; Kukah Martina Mamman
  • Paper ID: 1705342
  • Page: 33-46
  • Published Date: 06-01-2024
  • Published In: Iconic Research And Engineering Journals
  • Publisher: IRE Journals
  • e-ISSN: 2456-8880
  • Volume/Issue: Volume 7 Issue 7 January-2024
Abstract

This paper comparatively examined unfair termination of employment contract in Nigeria and South Africa within the context of the current legal regime of the two countries. In Nigeria, the common law position was examined vis-à-vis the Third Alteration Act in line with the jurisdiction of the National Industrial Court. With regard to South Africa, the Constitutional framework alongside the codified position in the Labour Relations Act alongside other related legislations were closely examined. It was recommended that the Nigerian legislature should adopt the South African experience and codified this inherent right of workers into the Constitution as well as the Labour Act. It was also recommended that the dichotomy between statutory regulated employment contract and other forms of employment contract should be abolished to afford all employment contracts the same statute. The authors adopt the doctrinal and comparative research method in achieving the aim of this paper wherein both primary and secondary materials were consulted.

Citations

IRE Journals:
Dariyem Nanbam Kruslat , A. G. Yirvoms , Peret Ayuba Yirvoms , Vincent Orifunmishe , Oyaonu Akuh; Kukah Martina Mamman "Unfair Termination of Employment Contract in Nigeria and South Africa: Comparative Analysis" Iconic Research And Engineering Journals Volume 7 Issue 7 2024 Page 33-46

IEEE:
Dariyem Nanbam Kruslat , A. G. Yirvoms , Peret Ayuba Yirvoms , Vincent Orifunmishe , Oyaonu Akuh; Kukah Martina Mamman "Unfair Termination of Employment Contract in Nigeria and South Africa: Comparative Analysis" Iconic Research And Engineering Journals, 7(7)