LEGAL PRINCIPLE: LABOUR LAW — Employment Contract — Reinstatement — Not Available for Ordinary Contract of Service
PRINCIPLE STATEMENT
The court will not grant specific performance of a contract of service; reinstatement is not available for ordinary master-servant relationships. Special circumstances, such as statutory flavour, are required for a declaration that a contract still subsists.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC (as adopted in the lead judgment), in Chukwumah v. Shell Petroleum Development Co. (1993) 4 NWLR (Part 289) 512 at 560, cited in Isievwore v. NEPA (2002) NLC-601998(SC) at pp. 11–12; Paras D–A.
"The general law is that the court will not grant specific performance of a contract of service. Therefore a declaration of the effect that a contract of service still subsists will rarely be made. Special circumstances will be required before a declaration is made and its making will normally be in the discretion of the court. There is a long line of cases in support of this proposition of law. Such special circumstances have been held to arise where the contract of employment has a legal or statutory flavour, thus putting over and above ordinary master and servant relationship."
EXPLANATION / SCOPE
Specific performance is not available for contracts of service. Reinstatement cannot be ordered in ordinary master-servant relationships. The exception is statutory employment where the statute provides special protection. The court may grant a declaration that employment still subsists only in exceptional circumstances. The principle is based on the personal nature of employment contracts. The court will not compel an unwilling employer to retain an employee. The remedy is damages. The rule applies to both private and public employment unless governed by statute. The employee must show a legal or statutory flavour to the employment.