LEGAL PRINCIPLE: EMPLOYMENT LAW — Contract of Employment — Terms of Service — Burden of Proof on Employee to Plead and Prove Terms
PRINCIPLE STATEMENT
The term of the contract of service is the bedrock of the appellant's case; the employee must prove the contract of service because that is what he must rely on to show in what way it has been breached by the employer.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC (as quoted by Uwaifo, JSC), in Okomu Oil Palm Company Limited v. Iserhienrhien (2001) NLC-1211995(SC) at p. 5; Paras A–B.
"The term of the contract of service is the bedrock of the appellant's case. This underscores the importance of the employee proving the contract of service because that is what he must rely on in the course of showing in what way it has been breached by the employer."
EXPLANATION / SCOPE
In an action for wrongful termination, the employee bears the burden of proving the terms of the contract of employment. The contract is the foundation of the claim. Without proving the terms, the employee cannot establish any breach. The employer does not bear the burden of proving what the contract terms were. The employee must plead and prove the specific terms alleged to have been breached. This may be done by producing the written contract, if any, or by adducing evidence of oral terms. The principle ensures that claims for wrongful termination are based on identifiable contractual obligations. The court cannot assume the terms of employment.