CONTRACT OF EMPLOYMENT
LABOUR LAW- CONTRACT OF EMPLOYMENT-EMPLOYMENT WITH STATUTORY FLAVOUR
“In any case, on the accepted general legal principles, an employee may be summarily dismissed without notice and without wages if he is guilty of gross misconduct.” Per Mahmud Mohammed, J.S.C.
“Gross misconduct has been identified as a conduct that is of a grave and weighty character as to undermine the confidence which should exist between an employee and the employer.” Per Mahmud Mohammed, J.S.C.
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Labour law: What constitutes wrongful dismissal of an employee.
Evidence: Dismissal based on allegation of crime/ fraud; whether sufficient for court to nullify the dismissal.
Labour Law : What constitutes gross misconduct as basis for dismissal
Fair Hearing: How breach of natural justice is established
“Accusing an employee of misconduct ,etc by way of a query and allowing the employee to answer the query, and the employee answers it before a decision is taken satisfies the requirements of fair hearing or natural justice.” Per Bode Rhodes- Vivour JSC.
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Labour Law – Right of an employer to terminate his employee’s appointment.
Labour Law– When will an employment be regarded as having statutory flavour.
Labour Law – Effect of holding an employment with statutory flavour.
Labour Law– Whether an employer is obliged to give reason(s) for terminating an employee’s employment.
Damages – Damages for unlawful termination of employment- how calculated.
Damages- Special damages- condition for awarding.
Evidence– Can an employee be dismissed in the absence of evidence of commission of crime.
‘ Although it is trite that an employer is not obliged to give any reason for firing his servant all the same it is settled law that where he has proferred any reason at all it is obliged to satisfactorily prove the same as the onus is on him in that regard, otherwise the termination/dismissal may constitute a wrongful dismissal without more.’
C.M . CHUKWUMA- ENEH, JSC.
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Employment – Armed Forces – Compulsory Retirement – Whether lawful
Employment – Compulsory Retirement – Reinstatement and other remedies
Employment – Armed Forces – “Harmonised Terms and Conditions of Service for the Nigerian Armed Forces Officers” considered
Appeal: Fate of a decision of the Court of Appeal not supported by evidence before it
“ From the record therefore there is no iota of evidence that appellant was paid his retirement benefits following his compulsory retirement vide exhibit 7. The holding by the lower court that appellant was paid his retirement benefit is clearly not supported by evidence on record and I consequently hold that the said holding or finding is perverse and consequently subject to being set aside.”
– per Walter Samuel Nkanu Onnoghen, JSC
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