Browsing by Author "Odeku K. & *Animashaun S.*"

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    Foisting a Willing Employee on an Unwilling Employer: The Remedy of Re-instatement Revisited.
    (Bahauddin Zakariya University Multan, Pakistan, 2012) Odeku K. & *Animashaun S.*
    Maslow in his masterpiece treatise fashioned the hierarchy of needs, namely, physiological needs, safety needs, belonginess needs, esteem and self-actualization needs (Maslow 1954). He was of the opinion that on fulfilling one stage substantially, an individual aspires and is only motivated by the attributes of the next stage. In Nigeria most of the populace oscillates between the first and the second level, people work in order to live, that is; to satisfy needs and wants. Work is essentially an important social economic issue; that is if the individual in the productive year is employed at all. Official figures put unemployment rate in the country at an unprecedented and understated 23.9 per cent in 2011(National Bureau of Statistics 2012). This translates to about 41 million unemployed persons, without taking into cognizance the under employed. If a member of the family who was gainfully employed is retrenched, this will have reverberating effect on the family and the larger community as a whole. This is so mainly because of the extended family ties system since there is no provision of any form of welfare in the majority of the African countries. This article examines the way and manner employers dispensed with the employees in the workplace and the remedies available to the employees in cases of wrongful, unfair dismissals or termination of appointment. The article analyses the dichotomy between the employees with statutory flavour or special status and those who are mere servants. The article also examines critically, judicial activism regarding re-instatement in light of unfair and wrongfully termination of employment by considering approaches from other jurisdictions such as India the United Kingdom and South Africa.