LEGAL PRINCIPLE: LABOUR LAW – Master and Servant – Damages Are the Proper Remedy for Wrongful Dismissal
PRINCIPLE STATEMENT
It is settled law that a servant will rarely be forced on a master. The proper remedy for wrongful dismissal is damages.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Osakwe v. Nigerian Paper Mill Ltd (1998) NLC-361992(SC) at pp. 11–12; Paras A–B.
"It is settled law that a servant will rarely be forced on a master and vice versa. The remedy against any party in breach lies in damages…"
EXPLANATION / SCOPE
The court will not order specific performance of a contract of service. The remedy for wrongful dismissal is damages. The principle is based on the personal nature of employment. The employer cannot be forced to retain an unwanted employee. The employee cannot be forced to work for an unwilling employer. The rule applies to all contracts of service. The exception is statutory employment where reinstatement may be ordered. The damages compensate for the loss of employment. The employee must mitigate damages. The principle is well-established.