TERMINATION OF CONTRACT OF EMPLOYMENT DURING PROBATIONARY PERIOD: NEED FOR JUDICIAL REVIEW

Abstract

In Nigeria, the probationary employment contract is a fairly contentious subject for human resource. In both private and public institutions in the world, probation is a typical employment practice used to evaluate the competence, stability and suitability of employees for confirmed employment. It is common for many employers to stipulate that the employment contract begins with probation and during the probationary period, more flexible standard is given to review unfair termination. The paper examines the concept of probationary employment and the length of termination notice in the light of employees’ quest for security of employment in Nigeria. In adopting doctrinal method of research the paper reveals probation is a period used to ascertain the suitability or otherwise of an employee but employers have used it to enslave workers. To analyse the outlook of Nigerian labour law in regards to the philosophical basis, procedure for determination of probationary employment and implication of promotion on probationary employment and analysis of case law reveals that there is no procedure for termination of probationary employment. Hence, the paper recommends that there is need for judicial review and the labour Act be amended to peck the period of probation in Nigeria and define its incidences.