The Nigerian employee and the quest for confirmation: examining the quagmire of probationary status

Abstract

Nigeria today, in both private and public establishments, probation is a common employment practice used to ascertain the competence and suitability of employees for confirmation of employment. Hence, this paper through desk base research methodology examines the concept of probationary employment in the light of employees’ quest for security of employment in Nigeria. It argues that probation is a period used to ascertain the suitability or otherwise of an employee but employers have used it to enslave workers. The paper discusses the philosophical basis, procedure for determination of probationary employment and implication of promotion on probationary employment. The remedies available to a dismissed probationer are also highlighted. The legal status of a probationer and the suitable length of time of probationary employment are also discussed. An analysis of case law shows that there is no procedure for termination of probationary employment. The paper recommends that the Labour Act be amended to peck the period of probation in Nigeria and define its incidences.

Keywords: Probationary employment, Employee, Employer, Promotion, Dismissal