PARADIGM SHIFT ON REMEDIES FOR WRONGFUL TERMINATION OF MASTER-SERVANT EMPLOYMENT IN NIGERIA

Abstract

This paper discusses the legal paradigm shifts introduced by the National Industrial Court of Nigeria (NICN) into the sphere of master-servant employment since its establishment as a specialized Court with exclusive jurisdiction over labour disputes. The paper adopts desk-based research methodology in highlighting the concept of reinstatement extended from statutory flavoured employment into master-servant employment on account of trade union victimization and successful challenge of reason of termination of employment where stated by the employer. It discusses the Supreme Court’s decision in First Bank Ltd. v. Longe wherein a sui generis master-servant statutory employment was created. The paper argues that through judicial pro-activeness, the hitherto treatment of employees as disposable labour waste in master-servant employment contract has been tamed as reinstatement as been extended to it on account of trade union activities,. It also argues for further strengthening of the mechanism for security of employment in Nigeria. It makes vital recommendations on areas requiring a paradigm shift before concluding.