UNIVERSITY OF BUEA
FACULTY OF LAWS AND POLITICAL SCIENCE
DEPARTMENT OG ENGLISH LAW
PROJECT WRITTING
TOPIC:
THE PROTECTION OF WORKERS AGAINST WRONGFUL
TERMINATION OF CONTRACTS OF EMPLOYMENT IN
CAMEROON.
SUBMITTED BY:
NAME: KIMBERLY NDONG
MATRICUL: LP21A355
SUPERVISSOR:
DR. LEKUNZE BENVOLIO
CHAPTER ONE
GENERAL INTRODUCTION
The practice of determination of contracts in Cameroon is friendly as the
employer is free to determine (terminate) the contract of his employee .But this
power of the employer over his employee is abused as employers wrongfully
terminate the employment contracts of the employee.
This chapter seeks to unveil the background to the study, statement of the
problem, research question, research objective, research methodology, literature
review, theoretical framework, justification, significance, scope of the study,
limitations, contextual definition of key terms, and synopsis of chapters.
1.1 BACKGROUND TO THE STUDY
The International Labour Organization (ILO) Convention NO.158 on the
Termination of Employment at the Initiative of the Employer 1982 sets out the
minimum standard for the protection of workers against wrongful termination of
employment contract1. The Convention requires that employers have a valid
reason for terminating an employment contract2 such as, serious misconduct by
the employee, the operational requirements of the enterprise, or force majeure.
It also requires that employers provide notice and severance pay to employees
who are terminated without just cause.
Cameroon is a signatory to ILO Convention NO. 158 and its national law reflect
the convention requirements. However, there have been concerns that the law is
not always enforced effectively, and that workers are often dismissed without
just cause3.
1 Tangwa Modestine Ginje, Termination of contracts of employment and the applicability of the international
labour organization standards on unfair dismissal in Cameroon, 2018, GRIN Verlag, available online at:
https://www.grin.com/document/1031634 accessed on 27 October 2023.
2 Sec 39 of law No 92/007 of 14 august 1992 relating to the Cameroon Labour Code 1992.
3 Ibid. Pp
Article 54 of the Employment convention states a good number of reasons not
constituting valid reasons for termination of employment contract. Article 7 5 of
same convention stipulates that, the employment of a worker shall not be
terminated for the reason related to the workers conduct or performance before
he is provided an opportunity to defend himself before the allegations made,
unless the employer cannot reasonably be expected to provide his opportunity.
The African Charter on Human and Peoples Right (ACHPR), adopted in 1981
guarantees the right to work and the right to fair and adequate conditions of
employment. Article 186 of the ACHPR states that every employee shall have
the right to fair treatment in respect of his condition of work and in particular to
the protection against arbitrary dismissal.
The Africa commission on Human and Peoples Right has interpreted Article 18
of the ACHPR to mean that employees have the right to be protected against
wrongful termination of employment. The commission has found that wrongful
termination of employment can occur when an employee is dismissed for
discriminatory reasons, for exercising their rights to freedom of association or
expression, or for reporting corruption or other wrong doing.
Law NO 92/007 of 14 August 1992 regulating the Cameroon Labour Code of
1992 sets out the rules governing the termination of employment contract.
Section 34 of the Labour Code7 states that a contract of employment of
unspecified duration may be terminated at any time at the will of either of the
party, subject to the condition of prior notice.
Section 398 of the Labour Code states that every wrongful termination of a
contract of employment may entail damages. In particular, dismissals effected
4 Article 5 of the termination of employment Convention 1982(No 158).
5 Article 7 of the termination of employment convention 1982(No 158).
6 Article 18 of the African Charter on Human and Peoples Right of 27 June 1981( 21 October 1986)
7 Section 34 of law No 92/007 of 14 August 1992 relating to the Cameroon Labour Code 1992.
8 Section 39 of law No 92/007 of 14 August 1992 relating to the Cameroon Labour Code 1992.
because of the opinion of the worker or his membership or non-membership of
a particular trade union shall be considered to be wrongful. The Labour code
also provides for a number of specific grounds for termination of contract of
employment such as, serious misconduct by the employee, the operational
requirements of the enterprise, and force majeure. If an employer terminates an
employment contract for any of these reasons, they must provide notice and
severance pay9.
1.2 STATEMENT OF THE PROBLEM
Despite the effort made by the law enforcement agent and government in
putting or passing laws that regulate employment contracts in Cameroon,
employers still wrongfully terminate employees contract in Cameroon which
has led many to lost their dignity, made them to be unemployed and has also
led to emotional distress, social isolation, financial hardship. Several reasons
account for wrongful termination of contracts, prominent of which is the fact
that there is power imbalance between employers and employee as the labour
code leaves power of employment contract in Cameroon to the employer
leaving much to be desired in issues of determination and this runs contrary to
ratified treaties for example section 34 of the labour code gives an upper hand
for the determination of an employment contract for no cause provided notice is
issued contrary to the specification of the ILO Convention NO.158 on
determination based on valid reasons as stipulated in Article 4 10 . Also, lacks of
awareness among workers of their right, Corruption, Weak legal protection of
workers are prominent points for the wrongful termination of contracts of
employment.
9 Section 37 of law No 92/007 of 14 August 1992 relating to the Cameroon Labour Code 1992.
10 Article 4 of the ILO Convention No 158.
The problem of wrongful termination of contract of employment needs to be
addressed in order to protect the rights of workers and ensure that they are
treated fairly and with dignity. Also, the mechanisms put in place to see to the
protection of employees especially unfair policy of termination such as the court
and the labour inspectorate lack the adequate instruments to ensure that they
carry out their duties. To make matters worse, the remedies available under the
Cameroon labour code 1992 for wrongfully dismissed workers are not
sufficiently enough to compensate a wrongfully dismissed worker. For the
above reasons Cameroon have continued to suffer wrongful dismissal. To
protect the workers the government needs to raise awareness among workers
their rights, strengthening legal protections for workers, improving the
enforcement of the labour code of Cameroon 1992.
1.3 RESEARCH QUESTIONS
1.3.1 General Research Question
● How does the law protect workers from wrongful termination of contracts of
employment in Cameroon?
1.3.2 Specific Research Question
● What is the concept of wrongful termination of contracts of employment in
Cameroon?
● What are the legal institutional frameworks for the protection of worker
against wrongful termination of contracts of employment in Cameroon?
● How effective is the protection of workers against wrongful termination of
contract of employment in Cameroon?
● What policy recommendation can be made for the protection of workers
against wrongful termination of contract of employment in Cameroon?
1.4 OBJECTIVES
1.4.1 Main Objectives
● To critically examine the protection of workers against the wrongful
termination of contracts of employment in Cameroon.
1.4.2 Specific Objectives
● To discuss the concept of wrongful termination of contracts of employment
in Cameroon.
● To identify the legal institutional frameworks for the protection of workers
against wrongful termination of contracts of employment in Cameroon.
● To examine the effectiveness of the protection of workers against wrongful
termination of contracts of employment in Cameroon.
● To analyze the policy recommendation for the protection of workers against
wrongful termination of contract of employment in Cameroon.
1.5 RESEARCH METHODOLOGY
This research adopts the qualitative research methodology which can be defined
as methodology that deals with the exploration of fact using words as oppose to
numbers. It deals with the analyses of legal doctrine, principles, and legal
concepts. It relies on the reason behind various aspect of behavior. It deals with
questioning on how or why things are the way they are.
This qualitative research methodology shall make use of the doctrinal method
which is the research into doctrines. It involves analyses of case laws and
statutory provisions by application of the power of reasoning. It deals with
content analyses and interpretation of primary and secondary data. It shall adopt
both the primary and secondary data in which the primary data refers to original
or firsthand information that is directly related to the subject of the study 11.
Primary data includes; Statutes, Case Law, Treaties, interview.
Secondary data refers to, information that has been collected and analyzed by
someone12. It is data that is already available and has been previously published
or documented. Secondary data includes; Books, Legal Encyclopedias, Journals
Articles, Online Sources, Report.
1.6 LITERATURE REVIEW
Lockton13 in an elaboration of unfair dismissal in her book provides that the
concept of wrongful termination was introduced in England by Industrial
Relations Act 1971 as a result of the International Labour Organization
Recommendation14. In her book, she made it clear that her reason for
introducing issues of unfair dismissal was because 1970 witness a great deal of
unofficial strikes many of which were a protest against dismissal. She makes it
clear that the common law has always provided inadequate remedies against
dismissal in that provided the employer complies with the relevant notice
provisions within the contract, the employee has no protection against arbitrary
dismissal. In her analysis she states that, the unfair dismissal does not look for a
breach of contract on the part of the employer but the break of the statute and
the remedies which lie against an employer are not remedies which rely on a
11 Primary data definition, available online at: https://poe.com/s/6qbxI7fgWHf4PpMzzPM , accessed on 31
October 2023.
12 Ibid.
13 Deborah Lockton, unfair dismissal. in: employment law, (3rd edition. Mac million law masters), London:
Palgrave, 1999, p.167.
14 Ibid.
contractual claim, but rather recognized that the dismissed employee has a
property right in his job.
Yanou15 elaborate on the principles derived from the labour code and
indigenous case law expounding on the concepts in the code. He critically
attempts to demonstrate the judicial attitude of the Cameroonian judge to the
code. He shows that at the apex of the judicial ladder is the supreme court of
Cameroon that gives uniform interpretation and common application of the
labour code of Anglo-Saxon and Romano-Germanic origins. .
Donnel16 clearly brings out the different types of employment contracts that are
permanent or full time contract of employment, temporary or fixed term
employment contracts are of full time or part for a specified period and lastly
casual employment which could be part time or full time.
Collins and Ugur17 focuses on talking on the impacts of trade unionism on
employee performance in Cameroon in which the teachers and drivers trade
union is the selected scope of study, he revealed his finding as trade union plays
a vital role in employee’s performance in Cameroon. He said teachers and
driver trade union in Cameroon should be set as the top priority in the protection
of workers right and promotion of their socio-economic interest.
Ngoe18states out the laws regulating workers right and focuses on protecting the
rights of workers and went further to say that in spite of the regulations put in
15 Michael A. Yanou, labour law: principles and practice in Cameroon 2011; available online at:
https://www.africanbookscollective.com/books/labour-law-principles-and-practice-in-cameroon accessed on 27
October 2023.
16 Sir john Mac Donnel, classification of forms of contract in labour law 1904 published by Cambridge
university, available online at: https://www.jstor.org/stable/751715 accessed on 27 October 2023.
17 Fanso Collins and ugur sener, the impact of trade unions on employee performance in Cameroon: Teacher’s
and Drivers Unions Cases, 1 October 2021 vol 7 issues 2, available online at:
https://dergipark.org.tr/en/pub/fcpe/issue/66453/1040278 accessed on 27 October 2023.
18 Ngoe leviss itoe, the protection of worker’s rights in Cameroon: an appraisal by human right and legal
research centre, January 2021, available online at: https://hrlrc.org/2021/01/23/the-protection-of-workers-rights-
in-cameroon-an-appraisal-first-degree-thesis-by-ngoe-leviss-itoe/ accessed on 27 October 2023.
place and ratified by the government of Cameroon, workers right are still being
violated.
● Gaps in the literature
From the above analysis of Deborah’s work19, it is seen that much has been said
about unfair dismissal by the writer but she failed to make policy proposal as
solution to the problem of unfair dismissal or wrongful termination of contract
of employment. In Michael Yanou work20 he failed to examine the mechanisms
put in place to protect employees write in the face of wrongful termination of
contract of employment which will be examined in this study. Sir Mac Donnel 21
on his part fails to outline instances of unfair dismissal in employment contract.
This work covers this gap as it brings out situations where a worker or
employee will be considered to have been wrongfully termination. Fanso and
Ugur22 focused on teachers and traders same as trade unions to be a top priority
when it comes to the protection and fails to mention the other means to protect
the workers right in Cameroon which this work will elaborate on. Ngoe Leviss
Itoe23 focused on the protection of worker’s rights in Cameroon and stated that
in spite of the laws put in place their rights are violated but failed to provide the
mechanisms that can be put in place to remedy such situation.
1.7 JUSTIFICATION
It is important to research on this topic in order to make persons understand that
despite the fact that the labour code has given powers to the employers over
employees, the employees also has a right that needs to be respected such as fair
19 Ibid
20 Ibid
21 ibid
22 ibid
23 ibid
conditions of work, termination of contract with sufficient reason and with prior
notice or severance pay. Also, this topic is important for research in order to
drill employees on the various rights they have and also to drill workers on the
justifiable grounds for termination of contract such as gross miss conduct like
theft, fraud, violence, repeated violation of company’s policy.
1.8 SIGNIFICANCE
There are a number of person who stands to benefit from this piece of writing
such as;
Institutions: they stand to benefit from this work by knowing the grounds in
which a worker can be terminated from work and know the consequences of
violating an employee’s right which will help him to abstain from wrongfully
terminating the contract of employees.
Individuals: will help them know their rights before venturing into employment
contracts to avoid wrongful termination and also the conducts that can get them
terminated.
Employer: it is going to benefit them in that they are going to know the grounds
of wrongful termination and the justifiable grounds for termination of contract
in order for employees not to sue them which may lead to waste of time and
energy and may even affect their business negatively.
Employees: will benefit them in that they will know the kind of activities that
can get them fired or get their jobs terminated and know the rights they have.
1.9 SCOPE OF THE STUDY
The scope to this study can be divided into three. They include the thematic
scope, the geographic scope and the time scope.
The thematic scope of this research is from the labour law in Cameroon; govern
by law no 92/007 of 14 august 1992 relating to the labour code of 1992 as a
national law.
The geographic scope is Cameroon. This is because it is where I reside and so it
will be much easier to gather information or materials on my case study and be
able to provide possible solution to the problem of wrongful termination of
contract of employment in Cameroon.
Time scope is from 1992 till 2023. This time period is chose because the law
regulating employment contracts in Cameroon was passed in 1992 and as such
want to see the applicability of that law in our present society (2023).
1.10 LIMITATION
In order to come out with this piece of work, there are some challenges I
encountered such as;
Time problem- there was limited time to work on this project but it was
overcome through forgoing some activities one usually carries out.
Financial problem- in gathering information I encountered financial problems
such as transportation, data bundles. It was overcome through extra work done
and support from parents.
Language barrier- this is so because I had to interview some workers to get their
experience who spoke languages that I couldn’t understand. I overcame this
challenge with the help of a translator.
1.11 DEFINITION OF KEY TERMS
Protection refers to the measures and safeguards provided by legal systems to
ensure the safety, wee-being, and rights of individuals, groups, or entities24
24 Definition of protection, available online at: https://poe.com/s/LKBWr9ypOcVO3VsseJCs , accessed on
January 25 2024.
Also, protection is to secure or preserve against encroachment, infringement,
restriction or violation: maintain the status or integrity of a person through legal
or constitutional guarantees25.
Termination refers to the process of ending an employment relationship in
compliance with legal requirements and regulations26.
A Contract is an agreement between two or more parties creating obligations
that are enforceable or otherwise recognizable by law27.
Also, according to the legal writer sir William Anson, a contract is a legally
binding agreement between two or more parties create an obligation to do or not
to do something28.
Employment is defined as an agreement between an employer and an employee
that the employee will provide certain services in return the employee is paid a
salary or hourly wage29.
According to the Cameroon labour code of 1992, section 23 30, defines a contract
of employment as it shall be an agreement by which a worker undertakes to put
his service under the authority and management of an employer against
remuneration.
1.12 SYNOPSIS OF THE STUDY
This research is divided into 5 chapters.
25Merriam-Webster’s dictionary of law 1996, definition of protection, available online at:
https://dictionary.findlaw.com/protect.html, accessed on January 25, 2024.
26 Termination, available online at: https://poe.com/s/dRZxJUoMTOQOxz8S6gOm accessed on the 31 October
2023.
27Thomson west, black’s law dictionary 10 th edition copyright 2015, available online at:
https://store.legal.thomsonreuters.com/law-products/Dictionaries-Desk/Reference/Blacks-Law-Dictionary-10th-
Abridged/p/100260312 accessed at 31 October 2023.
28 Sir William Anson, definition of contract, available online at: https://seaside.bg/definition-of-law-of-
contract-by-different-authors/ accessed on January 23, 2024.
29 Employment, available online at: https://poe.com/s/QMZ4pCX9ObKinAI8nhlg accessed on 31 October
2023
30 Section 23 of law no 92/007 of 14 august 1992 relating to the labour code 1992.
Chapter one deals with the general introduction.
Chapter two deals with the concept of wrongful termination of contracts of
employment in Cameroon.
Chapter three deals with the legal institutional frameworks for the protection of
workers against wrongful termination of contracts of employment in Cameroon.
Chapter four deals with the examination of the effective protection of workers
against wrongful termination of contracts of employment in Cameroon.
Chapter five deals with the policy recommendation for the protection of
workers against wrongful termination of contracts of employment in Cameroon.
