The Concept of Constructive Dismissal Under Nigerian Labour Law: Perspectives from South Africa

Abstract

In general, an employment contract is deemed wrongfully terminated when the termination is done in breach of its terms and conditions. Constructive dismissal occurs when an employee does not resign voluntarily but because the employer has created a hostile or intolerable environment, or deliberately made the workplace unfavourable. It is considered a termination because of the involuntariness of the employee’s resignation. Recent decisions of the National Industrial Court have reawakened the concept of constructive dismissal by protecting the dignity of persons and enforcing the duty of mutual respect in employment relationships in Nigeria. The paper examines the concept of constructive dismissal in an employment relationship. It discusses the grounds or instances where an employee will be constructively dismissed and the remedies available for such wrongful termination. The major problem identified by the paper is the absence of clear statutory intervention through the enactment of legislation on constructive dismissal in Nigeria. The paper adopts the doctrinal research method, using primary and secondary sources such as case law, books, journal articles, and internet materials to interrogate the concept and distinguish it from other forms of wrongful termination of employment. The paper drew lessons from South Africa intending to broaden knowledge on the concept of constructive dismissal and how important it is for safeguarding the interests and rights of workers in both jurisdictions. It concludes by making some recommendations, including the need for clear statutory interventions through enacting legislation on unfair dismissal as obtainable in other jurisdictions and extending the remedies beyond monetary compensation.