Whether it is proper for a court to award general damages for wrongful dismissal in a contract of employment  

 

Manuel Akinshola
Joined: 2 years ago
Posts: 183
06/04/2018 12:48 pm  

"I agree with learned Counsel for the Appellant that award of general damages for wrongful dismissal, in a contract of employment, is strange.

This is because what is computed for a successful party in such circumstance cannot be general damages, but proven special damages, which actually is the salaries and other entitlements of the Plaintiff during the period of the purported termination or dismissal, or what would have accrued to him had the dismissal or termination complied with the due process envisaged in the Condition of service, that is, the entitlement payable to the Plaintiff in lieu of notice (where re-instatement cannot be ordered). See the case of ADENIRAN VS. NEPA (2002) 14 NWLR (Pt.786) 30 at 48 See also the case of KWARA STATE POLY VS. SALIU (supra); NIGERIAN PRODUCE MARKETING BOARD VS. A. O. ADEWUNMI (1972) ALL NLR 870. INTERNATIONAL DRILLING NIG. LTD VS. AJIJALA (1976) ALL NLR 97; SPDC LTD VS. OLAREWAJU (2008) 12 SC (Pt.111) 27;"

 

Per MBABA, J.C.A. in NEW NIGERIA NEWSPAPERS LIMITED V. MR. FELIX ATOYEBI (CA/K/282/2006) [2013] NGSC 2 (19 April 2013);


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