LABOUR LAW — Termination of Employment — Master and Servant Relationship — Court Cannot Impose Servant on Unwilling Master
Principle Statement
No servant can be imposed by the court on an unwilling master, even where the master's behaviour is wrong. For his wrongful act, the master is only liable in damages and nothing more.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Ibama v. Shell Petroleum Development Company of Nigeria Limited (2005) NLC-662000(SC) at pp. 23–24; Paras E–A.
"Except in employment governed by statute wherein the procedures for employment and discipline (including dismissal) of an employee are clearly spelt out, any other employment outside the statute is governed by the terms under which the parties agreed to be master and servant… no servant can be imposed by the court on an unwilling master even where the master's behaviour is wrong. For his wrongful act, he is only liable in damages and nothing more."
Explanation / Scope
Courts cannot force an employer to retain an unwanted employee. Wrongful termination only entitles the employee to damages, not reinstatement. The principle applies to labour law (non-statutory employment). The rule respects the master’s freedom to choose servants. Statutory employment is the exception where reinstatement may be ordered. Damages compensate for contractual breach; specific performance is unavailable.
