AN APPRAISAL OF REINSTATEMENT IN PRIVATE SECTOR EMPLOYMENT IN NIGERIA

Abstract

In private sector employment courts usually awards damages instead of ordering reinstatement for wrongful termination in Nigeria. This attitude is routed in common law principle that court cannot force a willing employee on an unwilling employer. there’s been a paradigm shift in labour relations regarding relations of employment, influenced by the 3rd alteration of the 1999 constitution and international labour standards stating that employment cannot be terminated without a valid reason connected to the worker’s capacity, conduct or operational requirement. The study reveals the national industrial court have exclusive jurisdiction over labour and employment disputes including wrongful terminations and reinstatement claims both private and public sector employment. This paper adopted the doctrinal research methodology where both primary and secondary sources laws were examined. The paper concluded inter alia that why damages and compensation remained the most common remedies for wrongful termination in the Nigerian private sector, reinstatement is a possibility, especially in cases where the dismissal is found to procedurally flawed, discriminatory, or in violation of international labour standards. The paper recommended among others and Nigeria should amend its legal framework to make the remedy of reinstatement available in private sector employment.