Pakistan Journal of Social Sciences

Year: 2012
Volume: 9
Issue: 5
Page No. 238 - 245

Foisting a Willing Employee on an Unwilling Employer: The Remedy of Re-Instatement Revisited

Authors : Kola Odeku and Sola Animashaun

Abstract: The irrepressible sage Voltaire stated in one of his treatise Candide in (1759) that work spares us three major evils; vice, boredom and need. This statement is true today as it was centuries ago when it was first made. In Nigeria, just as any other developing countries, people work in order to live that is to satisfy needs and wants. Work is essentially an important social economic issue. If a member of the family who was gainfully employed is retrenched, this will have reverberating effect on the family and the larger community as a whole. This is so mainly because of the extended family ties system since there is no provision of any form of welfare in the majority of the African countries. This study examines the way and manner employers dispensed with the employees in the workplace and the remedies available to the employees in cases of wrongful, unfair dismissals or termination of appointment. The study analyses the dichotomy between the employees with statutory flavour or special status and those who are mere servants. The study also examines critically, judicial activisms regarding re-instatement in light of unfair and wrongfully termination of employment by considering approaches from other jurisdictions.

How to cite this article:

Kola Odeku and Sola Animashaun, 2012. Foisting a Willing Employee on an Unwilling Employer: The Remedy of Re-Instatement Revisited. Pakistan Journal of Social Sciences, 9: 238-245.

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