Introduction – In our earlier article on non-compete clauses, we x-rayed the challenges associated with non-compete clauses and argued that Nigerian courts must strike a principled balance between protecting an employee’s constitutional right to gainful employment. The recent decision of …
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Introduction In Nigeria and other jurisdictions, employees are often faced with restrictions arising from non-compete clauses in their employment contracts. These restrictions stem from an employer’s desire to safeguard its business and trade secrets, particularly in specialised fields. While Nigerian …
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Introduction It is a common misconception that all trustees share the same duties and responsibilities. In reality, what a trustee is required to do often depends on the nature of the trust, the terms of the trust deed, or the …
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Introduction: Contracts are the basis of every commercial relationship as they specify and outline the rights and obligations of parties. Generally, contracts must be explicitly agreed upon. In contemporary Nigeria, many people erroneously believe that only terms expressly written in …
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Introduction Estate Administration in Nigeria is mainly divided into two categories: testacy and intestacy. A person dies testate if they leave a Will, and intestate if they do not leave a Will, in which case Letters of Administration are needed …
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Introduction: The suspension of an employee, whether with or without pay, is a disciplinary tool frequently used by employers pending an investigation into misconduct or allegations of wrongdoing. In Nigeria, the rights of an employee under suspension are not absolute, …
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INTRODUCTION In May 2023, thanks to the collaborative endeavours of the Nigerian Arbitration Community, the Arbitration and Conciliation Act, 1988 (“the ACA”) was repealed and replaced with the Arbitration and Mediation Act, 2023 (“the AMA”).[1] The AMA, though yet to …
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1.1. Introduction The concept of constructive discharge, also known as constructive dismissal, has been incorporated into our labour jurisprudence. This concept pertains to situations where the employer’s conduct towards the employee becomes so unbearable that it compels the employee to …
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1.1. Introduction Casual work has become a social phenomenon and a cankerworm in labour relations in various industries across developing countries of the world, Nigeria inclusive. This is as a result of the deliberate policy of the multinationals in productive …
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1.1 Introduction The traditional system of labour relations primarily involves the employer and the employee with the status and relationship of the parties clearly known to each other. However, in recent times, the landscape of employment relations in Nigeria has …
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