LEGAL PRINCIPLE: EMPLOYMENT LAW — Contract of Employment — Wrongful Termination — Onus on Employee to Prove Terms and Breach
PRINCIPLE STATEMENT
When an employee complains that his employment has been wrongfully terminated, he has the onus to place before the court the terms of the contract of employment and to prove in what manner the said terms were breached by the employer; it is not the duty of the employer to prove any of these facts.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Okomu Oil Palm Company Limited v. Iserhienrhien (2001) NLC-1211995(SC) at pp. 4–5; Paras E–A.
"It has been firmly established that when an employee complains that his employment has been wrongfully terminated, he has the onus (a) to place before the court the terms of the contract of employment and (b) to prove in what manner the said terms were breached by the employer. It is not the duty of the employer as a defendant in an action brought by the employee to prove any of these facts."
EXPLANATION / SCOPE
The employee claiming wrongful termination bears a two-fold burden: (1) to place the contract terms before the court; and (2) to prove how those terms were breached. The employer, as defendant, has no duty to prove these facts. The burden of proof never shifts to the employer on these issues. The employee cannot rely on the employer to disclose the contract terms. The principle applies regardless of whether the contract was written or oral. If the employee fails to discharge this burden, the claim fails. The employer may simply deny the allegations. The rule ensures that employees cannot bring speculative claims without evidence of the contractual terms allegedly breached.