LABOUR LAW — Wrongful Dismissal — Main Issues for Determination — Contractual Compliance and Damages Only
Ratio Decidendi
Per Onnoghen, JSC, in Imonikhe v. Unity Bank Plc (2011) NLC-123-68-2003(SC) at p. 13; Paras B—D:
"In an action for wrongful dismissal/termination of appointment, the main issues calling for determination or in contention are: — (a) Whether the dismissal/termination is in accordance with the terms and conditions of the contract of employment between the parties?. Where the dismissal/termination is in compliance with the contract of employment the matter ends there but where it is found not to be, then the next and final issue is (b) What is the measure of damages recoverable in the circumstances of the case?"
Explanation / Scope
This principle establishes that in an action for wrongful dismissal, the main issues are whether the dismissal complied with the contract of employment and, if not, the measure of damages recoverable. The principle applies in employment disputes. It ensures that the court focuses on contractual compliance and damages. The principle reflects the nature of wrongful dismissal claims. It prevents unnecessary issues. The court must determine compliance first. The principle provides guidance on wrongful dismissal.