Unlawful Termination Complaint Process

Summary

In Nigeria, employment termination during probation requires a one-month notice unless theres a breach of contract. If terminated within 3 weeks without notice, you may have grounds for a complaint. Gather your employment contract and termination communication to file a detailed complaint at the National Industrial Court. The contract allows for a six-month probation, extendable at the companys discretion, but termination must adhere to notice requirements.

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Nigeria
In Nigeria, unlawful termination of employment is addressed under the Labour Act. Here are key points:
- Employers must provide a valid reason for termination.
- Employees are entitled to a notice period or payment in lieu.
- Employees can seek redress at the National Industrial Court.
Would you like information on how to proceed with a complaint?
There is a 6 months probation but employment was terminated within * weeks of employment without notice.
In Nigeria, even during probation, termination without notice can be challenged if it violates the terms of employment.
Would you like to know the process for filing a complaint at the National Industrial Court?
Yes
To file a complaint at the National Industrial Court in Nigeria:
- Gather all employment documents and records.
- Prepare a written complaint outlining the unlawful termination.
- Submit the complaint at the nearest National Industrial Court.
Would you like more details on the complaint submission process?
Yes
To submit a complaint at the National Industrial Court of Nigeria:
- Ensure your complaint is detailed and includes all relevant documents.
- Visit the nearest National Industrial Court for submission.
Would you like to know about the documentation needed to support your complaint?
Yes
To support your complaint at the National Industrial Court of Nigeria, you will need:
- Employment contract or offer letter
- Any correspondence related to your termination
- Records of any notice or lack thereof
- Evidence of probation terms
Would you like details on how to gather and organize these documents?
The employer says they have the right to terminate the employment during probation but this wasn't clearly stated in the contract document.
If the contract does not explicitly state the right to terminate during probation, you may have grounds for a complaint.
To proceed:
- Gather copies of your employment contract and any communication regarding your termination.
- File a detailed complaint at the National Industrial Court.
Would you like more information on the specific steps to file this complaint?
Here's what is included in the contract: *. Probation Period "This Contract shall have a probationary period of six months, which may be extended for an additional six months at the sole discretion of COMPANY. This agreement shall come into effect as of the date first written above. The Employee shall be on employment-based probation for a cumulative twelve months. This probation is intended to allow COMPANY to fully assess the Employee's capability and suitability for the role. At the conclusion of the probation period, COMPANY will evaluate the Employee's performance and, in its absolute discretion, may terminate the employment if performance is deemed unsatisfactory. Should COMPANY be satisfied, the Company will proceed to confirm the Employee’s status. The Employee may be eligible for a salary review contingent upon satisfactory completion of milestones, with any increase fully at management’s discretion. During the probationary period, either party may terminate this agreement with one month's notice, except in the event of a breach of contract."
The contract specifies that termination during the probationary period requires a month's notice, which was not given. This strengthens your case.
To proceed:
- Prepare a detailed complaint including the contract and termination communication.
- Submit the complaint at the nearest National Industrial Court.
Would you like assistance in drafting your complaint?
Please explain the following: This Contract shall have a probationary period of six months, which may be extended for an additional six months at the sole discretion of COMPANY.
During the probationary period, the employment contract states:
- Initial probation of six months.
- Can be extended for another six months at the company's discretion.
- Termination during probation requires one month's notice unless there's a breach of contract.
Would you like more guidance on how to use this information in your complaint?
Does this mean that the employer can terminate the employment in less than * weeks before the initial 6 months probation?
No, the employer cannot terminate the employment without notice if the contract specifies a one-month notice period during probation. Since you were terminated within * weeks without notice, you have grounds for a complaint.
Would you like guidance on how to draft your complaint for the National Industrial Court?