LABOUR LAW — Employment with Statutory Flavour — Wrongful Termination — Remedy of Reinstatement
Principle Statement
Where an employee's service is protected by statute and the employment is wrongfully terminated, the employee is entitled to reinstatement to his office, in addition to damages representing salaries and allowances for the period of the purported dismissal.
Ratio Decidendi (Source)
Per Akintan, JSC, in CBN v. Igwilo (2007) NLC-123-83-2002(SC) at p. 14; Paras D–E.
"Where an employee's service is protected by statute and his employment is wrongfully terminated, he would be entitled to re-instatement in his office and in addition, damages representing his salaries during the period of his purported dismissal."
Explanation / Scope
The remedy of reinstatement is unique to statutory flavour employment. Unlike in purely master-servant relationships, where damages are the only remedy, a public officer with statutory protection can be restored to office. The rationale is that the employer has no power to dismiss outside the statutory framework; such an act is a nullity. The employee is deemed to have remained in office throughout. The damages cover the arrears of salary and allowances owed during the period of wrongful dismissal. The principle ensures that statutory protections are effective and not rendered hollow by mere monetary compensation.
