LABOUR LAW — Contract of Employment — Categories — Statutory Flavour Employment
Principle Statement
Contracts of employment are categorized into three types: (a) purely master and servant; (b) office held at the pleasure of the employer; and (c) employment regulated by statute, known as "statutory flavour" employment. An employment has statutory flavour where the appointment is protected by statute or regulations governing appointment, discipline, and termination.
Ratio Decidendi (Source)
Per Akintan, JSC, in CBN v. Igwilo (2007) NLC-123-83-2002(SC) at p. 14; Paras A–B. View Source
"The law is settled that there are now roughly three categories of contracts of employment, viz: (a) those regarded as purely master and servant; (b) those where a servant is said to hold an office at the pleasure of the employer; and (c) those where the employment is regulated or governed by statute, often referred to as having statutory flavour. An employment is said to have a statutory flavour when the appointment is protected by statute or laid down regulations made to govern the procedure for employment and discipline of an employee."
Explanation / Scope
This classification determines the remedies available to an employee whose employment is terminated. In purely master-servant relationships, the remedy is usually damages. In statutory flavour employment, the employer must comply with the statutory or regulatory procedures; failure to do so renders the termination null and void, and the employee may be reinstated. The category depends on whether there is a statute or regulation governing the terms and conditions of service, not merely the fact that the employer is a statutory body. The principle protects employees in public or quasi-public bodies from arbitrary dismissal.
