LEGAL PRINCIPLE: LABOUR LAW — Master and Servant — Remedy for Wrongful Dismissal — Damages, Not Reinstatement
PRINCIPLE STATEMENT
The court cannot compel an unwilling employer to reinstate a servant it has dismissed; the exception is where employment is specially protected by statute, in which case reinstatement may be ordered.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Olarewaju v. Afribank Nigeria Plc (2001) NLC-1091996(SC) at p. 20; Paras A–C.
"The court cannot compel an unwilling employer to re-instate a servant it has dismissed. The exception to the general rule is in cases where the employment is especially protected by statute. In such cases the employee who is unlawfully dismissed may be re-instated to his position."
EXPLANATION / SCOPE
In master and servant relationships, the remedy for wrongful dismissal is damages, not reinstatement. The court cannot compel an unwilling employer to re-employ a dismissed employee. The principle is based on the personal nature of employment contracts. The exception is statutory employment where the law expressly provides for reinstatement (e.g., public service, certain statutory corporations). In statutory employment, the employee may be reinstated if dismissal was unlawful. The rule reflects the common law position. The employee’s remedy is monetary compensation for breach of contract. The court will not grant an order for specific performance of a personal service contract. The principle promotes finality in employment disputes.