By SULEIMAN SHEHU

An Ibadan-based legal practitioner, Mr Junaid Sanusi, has said the law has nothing against placing new employees on assessment probation before confirming their appointments.

Junaid stated this on Wednesday in an interview with the News Agency of Nigeria (NAN) in Ibadan.

According to him, employment issues are contractual, which means parties are at liberty to put in terms and conditions, provided they are not illegal and unenforceable.

?So, if an employer decides to give a period of probation, wherein the employee will be assessed before confirming such appointment, it is allowed under the law but there is no specific provision made by the law for that.

?You know we are guided by the Labour Act in Nigeria, and you cannot find it anywhere in the Act.

?Normally, some employers give a three or six-month probation period but where issues usually arise is that some companies, wanting to be smart, after the period of probation expires, keep silent on whether or not they are confirming the appointment.

?The court has affirmed in several judgments that if an employer refuses to confirm an employee after the probation period, and the employee continues to work in the organisation, the employment is automatically confirmed by the employer?s conduct.

?If the employer decides to put a probation period, it is allowed, and if he decides not to, it?s equally allowed.

?But you cannot hide under it to escape liability if the appointment is terminated,? he said.

Sanusi said employees whose appointments were terminated on this basis could seek legal redress or damages in court.

According to him, an employer cannot escape liability if he refuses to act after the probation period.

He, however, advised both employers and employees to always do the right thing and ensure binding contracts to avoid unnecessary legal actions.

Sanusi says labour issues usually occur when a party is not willing to do the right thing.

?There is no need for you to be careless as an employer or employee.

?Ensure what you have in the contract is enforceable and refer labour issues to experts for proper guidance on contracts you are entering to prevent issues,? he said. (NAN)

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