LEGAL PRINCIPLE: LABOUR LAW — Dismissal — Dismissal After Termination Is Futile
PRINCIPLE STATEMENT
I think it is elementary that the plaintiff could not thereafter be dismissed from an employment that had ceased to exist. The plaintiff's dismissal coming after the termination of his appointment was a futile exercise.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Jombo v. Petroleum Equalisation Fund & Ors (2005) NLC-182001(SC) at pp. 8–9; Paras E–A.
"I think it is elementary that the plaintiff could not thereafter be dismissed from an employment that had ceased to exist. In my judgment, the plaintiff's dismissal coming after the termination of his appointment, was a futile exercise."
EXPLANATION / SCOPE
Dismissal after employment has already been terminated is futile. No employment exists to dismiss from. The principle applies to labour law.