ICANBusiness LawEmployment Law2024

In a pure master-and-servant contract of employment without statutory flavour, what is the established standard measure of damages recoverable by an employee for wrongful termination where the employer failed to give the required contractual notice?

AReinstatement to the former position plus full payment of all arrears of salary up to the judgment date
BThe salary and contractual benefits the employee would have earned during the mandatory notice periodCORRECT
CGeneral damages for emotional distress, injury to reputation, and prospective career loss
DA mandatory statutory penalty of ten times the employee's annual gross earnings
AI
Toaster Teacher
Why the answer is B, and why the others tempt you.
Under Nigerian employment jurisprudence governing private contracts (master-and-servant relationship), a court will not grant reinstatement. The measure of damages for wrongful termination (i.e. termination without proper notice) is limited to the salary and entitlements the employee would have earned during the stipulated notice period had the employer lawfully exercised the right to terminate.
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