BL – May 2014 – L1 – SB – Q1B – Employment Law

Advising Mrs. Kabuki on her fundamental rights under Nigerian law.

Question

Jones Plastic Packaging Company Limited has its head office in Lagos. The company suspected that one of its accounting staff, Mrs. Kabuki, was responsible for the economic losses suffered by the company in recent months.
On Monday, when Mrs. Kabuki resumed at the factory, she was detained at the security gate for eight hours without questioning. Thereafter, she was summarily dismissed. She had protested that she had no information about what led to her dismissal. The only official communication from the company to her in the last six months was the letter of dismissal from employment.
Mrs. Kabuki is aggrieved and wants to seek legal redress.
Required:
Advise Mrs. Kabuki on her Fundamental rights under the 1999 Constitution of the Federal Republic of Nigeria

Answer

Mrs. Kabuki’s situation raises several important fundamental rights issues under the 1999 Constitution. Here’s a detailed analysis:

Right to Dignity of the Human Person: Mrs. Kabuki was detained without questioning, which could be seen as a violation of her dignity and personal rights. The Constitution safeguards against torture and degrading treatment.
Right to Personal Liberty: Her eight-hour detention without just cause infringes upon her right to personal liberty, as guaranteed by the Constitution. This right stipulates that no one shall be deprived of their liberty except in accordance with the law.
Right to Fair Hearing: The abrupt dismissal without proper procedure violates her right to fair hearing, as she was not given the opportunity to defend herself or understand the reasons for her termination.
Right to Seek Redress: Mrs. Kabuki can seek legal recourse for these violations. She may file a complaint with relevant labor or human rights bodies or initiate a lawsuit against her employer for wrongful dismissal and violation of her rights.

Explanation:
In summary, Mrs. Kabuki has strong grounds to challenge her dismissal and seek redress for the violations of her rights. She should consult a legal practitioner to assist in pursuing her claims effectively.

Tags: Employment Law, Fundamental Rights, Legal Advice
Level: Level 1

Topic: Employment law
Series: MAY 2014

Uploader: Theophilus