Echoes of Colonialism: Implications of Wrongful Dismissal Judgements in Nigeria and Canada

Abstract

In general, wrongful dismissal is a word most employers try to avoid, and to the employee an employer action against them in the form of wrongful dismissal can be a nightmare.This thesis examines the legacy of wrongful dismissal in two countries as reflected in the common law of both countries, This is done by closely analyzing written decisions by trial judges in Canada and Nigeria where employees have alleged wrongful dismissal by their employers and these complaints have been taken to court. The findings show that employers in Nigeria are given considerably more latitude by judges than those employers in Canada to wrongfully dismiss their employees. One reason for this greater latitude for employers in wrongly dismissing their employees in Nigeria than in Canada is the colonial history of each country. Both countries are former British colonies and the legal systems in each country are heavily influenced by common law; however, the two countries were governed differently by the British colonialists. It is argued that these differences in colonial rule have resulted in greater legal latitude in employment relations being given in Nigeria to the high power-holders (employers) in Nigeria as compared to low power-holders (employee). By comparison, in Canada there is greater equality in power-relations as these relate to employer-employee relations (at least as this power relation is reflected in legal decisions of judges in wrongful dismissal cases). Recommendations are made for human resources and employment relations managers in both countries for equalizing power relations between employer and employee so that a fairer deal results for workers in Nigeria that would often prevent the need for wrongful termination complaints. These professionals are ethically obligated to represent the employee's interests in a balanced and unbiased way in relation to their employers. They should be iii reminded that winning or losing a wrongful dismissal decision does not equate to fair and ethical treatment of an employee.Key words: Re-instatement, vulnerable employees, public and private sector, judicial activisms, wrongful dismissal, Canadian and Nigerian case comparisons, employer and employee rights and relations.iv ContentsAbstract ii