LEGAL PRINCIPLE: LABOUR LAW — Termination — Distinction Between Statutory Employment and Private Employment
PRINCIPLE STATEMENT
In statutory employment, as in private employment, the employer can dismiss in all cases of gross misconduct.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Arinze v. FBN Ltd (2004) NLC-822000(SC) at pp. 3–4; Paras C–D.
"In statutory employment, as in private employment, the employer can dismiss in all cases of gross misconduct."
EXPLANATION / SCOPE
Both statutory employment (governed by specific legislation) and private employment (governed by common law contract) permit the employer to dismiss an employee for gross misconduct. The existence of statutory protection does not immunize an employee from dismissal where gross misconduct is proven. This serves maintaining disciplinary standards across all employment types. The court cannot hold that statutory employment imposes stricter standards that prevent dismissal for gross misconduct, as the power to dismiss for serious wrongdoing exists in both contexts.