Category: Employment Law
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Can an Employee be Punished Twice for the Same Misconduct? A Review of Skye Bank Plc v. Adegun (2024) 15 NWLR (Pt. 1960) 1
Introduction An employment relationship may be terminated at any time by either party in accordance with the contract of employment, subject to applicable notice requirements. However, when an employer dismisses an employee for gross misconduct, special rules apply. Nigerian courts have long held that an employer has an inherent right to dismiss for gross misconduct…
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Can Employers Withhold Employees’ Salaries for Failing to Meet KPIs? Key Lessons from Mrs. Iyeyinka Olayanju -v- Global Mercantile and Corporate Logistics Ltd (Judgment delivered on Thursday, 6 February 2025)
Introduction Most employers set specific Key Performance Indicators (KPIs) for their employees, and these KPIs help the employer assess the employee’s performance over a given period. Employees who consistently fail to meet the minimum pass mark in their KPI may lose their jobs due to poor performance. However, a growing practice among some Nigerian employers…
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Can a Statutory Employment be Terminated for a Reason Not Stated in the Termination Letter? A Review of the Decision in Mr Obidah Ibrahim Dakat v. FRSC & 2 Ors (Unreported, Suit No. NICN/JOS/38/2023, judgment delivered by the National Industrial Court on 20 August 2025)
INTRODUCTION The special and unique nature of employment law often appears to be a challenge to both employers and employees, and it is more pronounced in cases of public service, as it is governed under a distinct pattern and expectation. The recent judgment in Obidah Ibrahim Dakat v. The Federal Road Safety Commission & Ors…