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LIMITATION OF ACTION IN CASE OF WRONGFUL DISMISSAL FROM EMPLOYMENT

G.O. SODIPO AND CO.

NEWSLETTER

December, 2020 Edition

1. INTRODUCTION:

Wrongful dismissal from employment arises where an employer does not follow the right procedure to dismiss his employee or where such dismissal is adjudged to be illegal[1]. It is often seen that actions for damages on the subject fail due to failure of the dismissed employees to take necessary measures to prevent unwarranted losses in court. Nobody wants to be a losing party at the end of any legal tussle. However, litigation does not always end in a win-win situation as any issue raised before a court of competent jurisdiction has to be decided one way or the other. And to become an issue to be resolved by a judge, the parties must have taken different positions on it. It is on this purview that the writer has chosen to throw light on this important topic, for an intending party to be abreast with the positions of the law when there is an alleged wrongful dismissal from employment. This will not only help a prospective claimant and the lawyers to make informed decisions, but also ensure that the judicial odyssey  on the subject will not end in jeopardy or hampered in the long run.

This article will look at the limitation of action in cases of wrongful dismissal, how the jurisdiction of the court can be affected by wrongful dismissal, how an otherwise lawful dismissal may be affected by fair hearing, and also make recommendations for a successful prosecution of cases of wrongful dismissal. 

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