Under the common law, employment contacts were largely characterized as master-servant relationships. As a master, wielding an ostensible power over the servant, an employer had the right to engage and terminate at any time (for reason or no reason at all); unilaterally stipulate, remove or change the terms of employment at its sole discretion even to the detriment of the employee. Till date, the unequal bargaining powers between an employer and the employee continues to play out, with employees repeatedly cajoled into accepting unfavourable conditions of service, mainly owing to the employee’s need for a job; a “take it or leave situation” one might say. However, this stance is gradually changing. The recent decision of the National Industrial Court (NIC/Court) in Mrs.
Ekeoma Ajah V. Fidelity Bank Plc.1 demonstrates how the NIC, applying the principles of equity and best practices has displaced the erstwhile powers of an employer to unilaterally alter the terms of an employment contract.
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