The African proverb “When the Elephant Falls, All the Animals Tremble” reminds us that the actions of leaders have far-reaching consequences. In the workplace, this is especially true when it comes to disciplinary processes. How employers treat their people in moments of conflict or misconduct sets the tone for trust, morale, and productivity across the entire organisation.
In Nigeria’s fast-changing labour market, fairness and transparency are not just ideals; they are obligations. While the Nigerian Labour Act (2004) and the Trade Unions Act (2005) provide a framework, recent rulings from the National Industrial Court of Nigeria (NICN) have sharpened the expectation that employers must handle disciplinary matters with justice, clarity, and respect.
The right to fairness
Fairness starts with consistency. Employers must ensure that disciplinary actions are applied uniformly, backed by evidence, and communicated clearly. If employees believe punishments are arbitrary or biased, confidence in leadership collapses quickly.
The Right to Know
No employee should be left in the dark. Allegations must be clearly explained, with supporting evidence shared where necessary. This is the foundation of natural justice: you cannot defend yourself against what you do not understand.
The right to representation
The Trade Unions Act (2005) protects an employee’s right to representation. In practice, this means allowing workers to come to disciplinary hearings with a trade union official or a trusted colleague. Representation creates balance in what is otherwise an unequal conversation between employer and employee.
The right to challenge
Although the Labour Act does not expressly guarantee appeals against disciplinary decisions, Nigerian courts have stepped in. Internal grievance procedures, collective agreements, and ultimately the NICN provide employees with avenues to challenge unfair outcomes. The Court has consistently reinforced the principle of fair hearing, ensuring that no one loses their job or reputation without being given the chance to defend themselves.
“While the Nigerian Labour Act (2004) and the Trade Unions Act (2005) provide a framework, recent rulings from the National Industrial Court of Nigeria (NICN) have sharpened the expectation that employers must handle disciplinary matters with justice, clarity, and respect.”
Recent judicial reinforcements
The NICN has in recent years delivered landmark judgments that push Nigerian workplaces towards greater accountability.
In Ann Chiamaka Nwanguma v. Artee Industries Ltd & Ors (October 2024), the Court ruled that probation cannot be endlessly stretched. Employers must either confirm or terminate an employee at the agreed expiry date. Extending probation without good cause is unlawful. The Court went further: if an employee continues working beyond probation, they are deemed confirmed by law.
In Mrs. Ebere Ukoji v. Standard Alliance Life Assurance Co. Ltd (NICN/LA/48/2012), the NICN held that dismissing an employee without stating reasons or giving a hearing is unlawful. Similarly, in Obeta v. Access Bank Plc (NICN/ABJ/144/2018), the Court awarded damages for wrongful termination without justification. These cases confirm that Nigerian employers must state why an employee is being let go—silence is no longer an option.
The Court has also made clear that employees are entitled to all benefits and salaries earned up to the point of termination. Even when misconduct is alleged, employers cannot withhold what has already been legitimately earned. Together, these rulings mark a shift: disciplinary actions are no longer at the sole discretion of employers. The law now demands fairness, accountability, and respect.
The role of employers
Employers must rethink how they design and enforce their disciplinary processes. Clear policies, written reasons for decisions, fair hearings, and prompt payment of entitlements are no longer optional; they are legal and ethical necessities. Organisations that get this right will not only avoid litigation but also strengthen trust and loyalty across their workforce.
The role of employees
Employees also have responsibilities. They must learn their rights, understand company policies, and make use of representation when needed. Where fairness is lacking, they should not hesitate to challenge outcomes, whether internally or, if necessary, at the NICN.
The role of regulators and courts
The Ministry of Labour and the NICN continue to act as watchdogs. By issuing rulings, guidelines, and penalties, they ensure that Nigerian workplaces evolve towards global standards of fairness. The judiciary, in particular, has become a strong ally of employees, closing gaps that once allowed unfair practices to persist.
Conclusion
Upholding employee rights during disciplinary processes is more than compliance; it is culture-building. It creates workplaces where employees feel valued, respected, and protected. When fairness is ignored, organisations pay the price in low morale, high turnover, and reputational damage.
As the proverb reminds us, “When the Elephant Falls, All the Animals Tremble.” Leaders must ensure their decisions, especially in matters of discipline, do not create tremors of fear and distrust. Instead, they must model fairness, clarity, and justice, setting the stage for healthier and more productive workplaces.
Dr. Olufemi Ogunlowo is the CEO of Strategic Outsourcing Limited, a leading provider of personnel and business process outsourcing services in Nigeria. He is also a regular columnist on employment and workforce strategy.
