LEGAL PRINCIPLE: LABOUR LAW — Termination of Employment — Civil Service Rules — CSR 04107 — Commission’s Discretion to Direct Retirement Instead of Dismissal
PRINCIPLE STATEMENT
If upon considering the officer's representations, the Commission is of the opinion that the officer does not deserve to be dismissed but that the facts disclose grounds for requiring him to retire, it shall direct accordingly.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Udegbunam v. FCDA & Ors (2003) NLC-811999(SC) at p. 10; Paras B–C.
"If upon considering the representations of the officer, the Commission is of the opinion that the officer does not deserve to be dismissed but that the facts of the case disclose grounds for requiring him to retire in accordance with rule 04114 it shall direct accordingly."
EXPLANATION / SCOPE
The Commission may direct retirement instead of dismissal where appropriate. The principle applies to civil service employment. The rule provides discretion to impose a lesser penalty. The employer may consider mitigating factors. The principle is well-established.
