Duty on court to apply international best practices in labour and industrial relations

Per OGUNWUMIJU, J.S.C. at page.…

 

“The new labour jurisprudence with the 3d Alteration to the 1999 Constitution and the provisions of the law in that regard, particularly Section 7(6) of the National Industrial Court Act mandates that every court in the land shall have recourse to good or international best practices in labour or industrial relations. I do not think the courts should continue to use the former settled position of the law which is that no matter how hurtful, unreasonable or wrongful the termination of appointment is, the employee is only entitled to one month’s salary in lieu of notice to determine the quantum of damages. Every case must be determined on its facts…There is no doubt that the policy of the legislature to introduce new labour relations principles and international best practices into the adjudication of the law on  employment and labour relations is yet a fluid policy, merely pointing the judex to the new road to follow, there must not be confusion. The award of general damages to compensate the employee whose character has been besmirched and whose ability to work upon wrongful dismissal has been greatly diminished cannot be by rule of thumb, but must be based on sound legal principles.… In this case, the Respondent had made a special case for the grant of special damages in terms of the award of two years’ salary and allowances he would have earned. The court has departed from the settled position of the law to enforce current international best practices and to enthrone justice.”

(Supreme Court of Nigeria in Skye Bank Plc v. Adeogun – SC.406/2018 delivered 27 Feb 2024).