LEGAL PRINCIPLE: LABOUR LAW — Termination of Employment — Employee Must Plead and Prove Breach of Contract Terms
PRINCIPLE STATEMENT
When an employee complains of wrongful termination, he has the onus of placing before the court the terms of the contract before proving how those terms were breached. It is not the duty of the employer-defendant to prove any such breach.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Ibama v. Shell Petroleum Development Company of Nigeria Limited (2005) NLC-662000(SC) at p. 9; Paras A–B.
"It is the law that when an employee complains that his employment has been wrongfully terminated, he has the onus of placing before the court the terms of the contract of employment before proceeding to prove the manner the said terms were breached by the employer. It is not the duty of the employer who is a defendant to an action brought by the employee to prove any such breach."
EXPLANATION / SCOPE
The employee bears the burden to prove the employment contract terms and how they were breached. The employer-defendant has no duty to prove the breach. The principle applies to labour law and civil procedure. The rule ensures the employee establishes a prima facie case. Without producing the contract, the employee cannot prove wrongful termination. The court cannot assume contract terms.
