UNIVERSITY OF BUEA

FACULTY OF LAWS AND POLITICAL SCIENCE

DEPARTMENT OG ENGLISH LAW

PROJECT WRITTING TOPIC:

THE PROTECTION OF WORKERS AGAINST UNLAWFUL

DISMISSAL IN CAMEROON

SUBMITTED BY:

NAME: FORSUNG BLANDINE MONOLT

MATRICUL: LP21A285

SUPERVISSOR:

DR. LEKUNZE BENVOLIO

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 CHAPTER ONE

GENERAL INTRODUCTION

Unlawful dismissal, also known as wrongful termination, is a pervasive

problem that affects workers across Cameroon. It refers to the termination of an
employee's employment contract without a valid legal basis or without
following proper labor laws and regulations. Unlawful dismissal can lead to
financial instability, emotional distress, and difficulty in finding new
employment opportunities for affected workers and their families.

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

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 14 February 2024.
2
Sec 39 of law No 92/007 of 14 august 1992 relating to the Cameroon Labour Code 1992.

2
law is not always enforced effectively, and that workers are often dismissed
without just cause3.

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.

3
Ibid.
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.

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 Section 398 of the Labour Code states that every wrongful termination of a
contract of employment may entail damages. In particular, dismissals effected
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

Unlawful dismissal of employees is a growing problem in Cameroon, especially

but not limited to the private sectors, which affects the employment stability,
economic welfare, and social well-being of workers and their families. Despite
several labor laws and regulations aimed at protecting workers' rights and
preventing wrongful termination, many employers still violate these laws with
impunity, leading to high rates of involuntary job loss.

The prevalence of unlawful dismissal in Cameroon is a significant concern, not

only for the affected workers but also for the country's economic growth and
development. The problem hinders the progress of the labor market, diminishes
human capital development, and weakens labor productivity.

Thus, the widespread issue of unlawful dismissal in Cameroon requires further

examination, analysis, and understanding to design effective policies and
strategies for its prevention and improvement. This study aims to investigate the
causes and consequences of unlawful dismissal of employees in Cameroon,
assess the legal framework and its enforcement mechanisms and institutions,

8
Section 39 of law No 92/007 of 14 August 1992 relating to the Cameroon Labour Code 1992.
9
Section 37 of law No 92/007 of 14 August 1992 relating to the Cameroon Labour Code 1992.

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and explore potential solutions that can promote workers' rights and welfare
while supporting the country's economic growth and development.

1.2 RESEARCH QUESTIONS

1.3.1 General Research Question

 What are the causes and consequences of unlawful dismissal of

employees in Cameroon, and what policies and strategies can be
implemented to promote workers' rights and welfare while supporting the
country's economic growth and development?

1.3.2 Specific Research Question

 What legal basis exists for employee dismissals in Cameroon, and how is
it enforced by employers and the government?
 What are the economic, social, and psychological impacts of wrongful
dismissal on affected employees and their families?
 What are the legal institutional frameworks for the protection of worker
against wrongful termination of contracts of employment in Cameroon?
 What are the existing policies and strategies aimed at preventing unlawful
dismissal in Cameroon, and how effective are they in protecting workers'
rights and policy recommendation 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

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  To discuss the concept of wrongful termination of contracts of
employment in Cameroon and examine the economic, political and social
impact of unlawful termination of workers contract.
 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 10.
Primary data includes; Statutes, Case Law, Treaties, interview.

Secondary data refers to, information that has been collected and analyzed by
someone11. It is data that is already available and has been previously published
10
Primary data definition, available online at: https://poe.com/s/6qbxI7fgWHf4PpMzzPM , accessed on 31
October 2023.
11
Ibid

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or documented. Secondary data includes; Books, Legal Encyclopedias, Journals
Articles, Online Sources, Report.

1.6 LITERATURE REVIEW

Unlawful dismissal of employees, also known as wrongful termination, is a

pervasive problem that affects workers around the world, including Cameroon.
Despite several regulations and laws protecting workers' rights in Cameroon,
some employers continue to violate these laws, leading to high rates of
involuntary job loss12. The existing literature has identified various reasons for
unlawful dismissal, including lack of job security, lack of access to legal aid,
and corruption13.

Research has shown that unlawful dismissal can have significant economic,
social, and psychological impacts on affected employees 14. Losing a job can
lead to a loss in income and financial instability, as well as feelings of shame,
stigma, and depression. Moreover, unlawful dismissal can lead to difficulties in
finding new employment opportunities, further compounding the adverse
effects on the affected worker15.

Yanou16 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
12
Awung, N. (2018). Unlawful termination of employment: A critical consideration of the legal framework in
Cameroon. African Journal of Labor and Employment Law, 2(4), 47-63. Accessed on 28 march 2024
13
Ergun, U. (2018). Causes and Consequences of Wrongful Termination: An Empirical Study. International
Journal of Management Science and Business Administration, 4(7), 80-91. Accessed on 28 march 2024
14
Matata, M. & Tchangoue, A. (2020). The Impacts of Unlawful Dismissal on the Individual, Family, and Society.
African Journal of Economic and Management Studies, 11(1), 67-87. Accessed on 28 march 2024
15
Opiew, S. & Netsere, Y. (2020). Unlawful dismissal of employees and its consequences in Cameroon.
International Journal of Management, Accounting, and Economics, 7(2), 132-152.

16
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.

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Cameroon that gives uniform interpretation and common application of the
labour code of Anglo-Saxon and Romano-Germanic origins.

The literature has also highlighted several challenges that workers face when
seeking justice for wrongful termination. These include inadequate access to
legal advice and information, high litigation costs, and a weak judicial system
that favors employers17. As a result, workers who face unlawful termination
often lack proper legal representation or the financial resources to pursue legal
action against their employers.

Despite the existing literature on this topic, several gaps still exist. For instance,
most studies have focused on identifying the causes and impacts of unlawful
dismissal, with little attention paid to evaluating the effectiveness of existing
policies and strategies aimed at reducing the practice. Moreover, few studies
have examined the role of key stakeholders, such as trade unions and labor
organizations, in advocating for workers' rights and preventing unlawful
dismissal.

 Gaps in the literature

The literature on unlawful dismissal of employees in Cameroon has mainly

focused on its causes and impacts. Therefore, further research is required to
explore potential policies and strategies to reduce the prevalence of unlawful
dismissal in the country. Moreover, the existing literature has overlooked the
role that workers' organizations, including trade unions, play in protecting
workers' rights and preventing wrongful termination. Thus, there is a need for
more studies on the advocacy efforts of these organizations and the specific
strategies they apply to assert the rights of the workers they represent. Also, In

17
Mugwadi, R. (2018). Unlawful Dismissal and its Implications for Workers' Compensation in Cameroon. Ghana
Journal of Social Science, 15(2), 75-90. Accessed on 15 march 2024

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Michael Yanou work18 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

Furthermore, the literature has not sufficiently examined the practical

challenges faced by employees when seeking justice for wrongful dismissal. In
particular, there is a need for research on how workers can access legal aid and
information to pursue compensation for job losses, especially where the judicial
system favors employers. This can help identify gaps in the existing legal
framework, and propose concrete recommendations that can support a more
balanced system of resolving labor disputes in the country.

In conclusion, the literature reveals that unlawful dismissal of employees is a

significant problem in Cameroon, with devastating consequences for affected
workers and their families. While several policies and strategies are aimed at
protecting workers' rights, enforcement remains weak, and organizational
processes are inadequate. Enhancement of the legal framework, as well as an
increased awareness of the rights and obligations of the rights and obligations of
employers and employees, is required to curb the practice. Furthermore, the role
of workers' organizations and trade unions should be strengthened to support a
more balanced resolution of labor disputes that is more in favor of employees.

1.7 JUSTIFICATION

The study on unlawful dismissal of employees in Cameroon is justified for

several reasons. Firstly, unlawful dismissal is a pervasive problem that affects
many workers in Cameroon. Despite the legal framework and regulations
protecting workers' rights, employers often violate these laws. Thus, there is a
need to examine the extent of this problem, its causes, impacts, and possible
solutions.

18
Ibid.

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Secondly, unlawful dismissal has significant economic, social, and
psychological impacts on affected workers and their families. Understanding
these impacts is crucial, as it highlights the urgency of finding solutions to
address this problem.

Thirdly, there is a need to evaluate the current legal framework for protection of
workers' rights in Cameroon, including the procedures for seeking redress for
unlawful dismissal. A gap exists between the legal provisions and the actual
implementation of these laws, and this research can identify these gaps and
recommendations can be made that will lead to better implementation of these
laws.

Fourthly, the study can contribute to knowledge by exploring the role of

workers' organizations in advocating for workers' rights and preventing
unlawful dismissal. Identifying successful strategies applied by these
organizations can inform and guide advocacy efforts in other countries facing
similar challenges.

Finally, a better understanding of the problem of unlawful dismissal in

Cameroon can provide insights for labor policies, making it in line with
international labor standards, and ultimately lead to more effective protection of
workers' rights in Cameroon. Therefore, this study is a significant contribution
to the literature on labor rights issues faced by workers in Cameroon, and the
efforts to achieve a more just and fairer workplace.

1.8 SIGNIFICANCE

There are a number of persons 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

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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 choosing 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

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 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 entities19

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 guarantees20.

Termination refers to the process of ending an employment relationship in

compliance with legal requirements and regulations21.

A Contract is an agreement between two or more parties creating obligations

that are enforceable or otherwise recognizable by law22.

19
Definition of protection, available online at: https://poe.com/s/LKBWr9ypOcVO3VsseJCs , accessed on
January 25 2024.
20
Merriam-Webster’s dictionary of law 1996, definition of protection, available online at:
https://dictionary.findlaw.com/protect.html, accessed on 14 march, 2024.
21
Termination, available online at: https://poe.com/s/dRZxJUoMTOQOxz8S6gOm accessed on the 31 October
2023.
22
Thomson west, blacks law dictionary 10th edition copyright 2015, available online at:
https://store.legal.thomsonreuters.com/law-products/Dictionaries-Desk/Reference/Blacks-Law-Dictionary-10th-
Abridged/p/100260312 accessed on 11 march 2023.

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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 something23.

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 wage24.

According to the Cameroon labour code of 1992, section 23 25, 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.

Chapter 1: Introduction

This chapter introduces the study. It highlights the problems associated with
wrongful termination and the need for an in-depth study to explore the
challenges faced by workers and possible remedies. The research problem and
research question are also presented, followed by the justification for the study,
research objectives, and the scope and limitations, reviews the existing literature
on unlawful dismissal of employees in Cameroon and gaps in literature, the
research methodology used in this study. The research design, data collection
methods.

Chapter two deals with the concept of wrongful termination of contracts of

employment in Cameroon.

23
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 .
24
Employment, available online at: https://poe.com/s/QMZ4pCX9ObKinAI8nhlg accessed on 30 November
2023
25
Section 23 of law no 92/007 of 14 august 1992 relating to the labour code 1992.

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Chapter three deals with the economic, social, and psychological impacts of
wrongful dismissal on affected employees and their families

Chapter four deals with the legal institutional frameworks for the protection of
workers against wrongful termination of contracts of employment in Cameroon.
And the examination of its effectiveness in the 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.

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