What is the decision of the court in Carlen (Nig) v University of Jos

The decision of the court in Carlen (Nig) Ltd v. University of Jos (1994) 1 NWLR (Pt. 323) 631 is a landmark ruling in Nigerian labour law, particularly concerning the nature of the master and servant relationship and the remedies available for wrongful termination.

The Supreme Court held that:

1. In a pure master and servant relationship, an employer has the power to hire and fire, even if the termination is wrongful.
2. The only remedy available to an employee who has been wrongfully dismissed in such a relationship is damages, typically limited to the salary and allowances the employee would have earned during the period of notice stipulated in the contract.
3. The court will generally not order specific performance (i.e., reinstatement of the employee) in a master and servant contract, as this would amount to compelling an unwilling master to retain an unwilling servant. The relationship is not one of status but of contract.

This case firmly established that unless the employment is one with statutory flavour (meaning the terms of employment are governed by statute, giving the employee a legal status beyond a mere contractual relationship), the courts will not force an employer to keep an employee. The primary relief for wrongful dismissal remains monetary compensation, not reinstatement.