LEGAL PRINCIPLE: LABOUR LAW – Contract of Service with Statutory Flavour – Distinction from Ordinary Master and Servant Relationship
PRINCIPLE STATEMENT
Where the contract of service is protected by statute and the removal is predicated upon compliance with statutory provisions, non-compliance with the statutory provisions rendered the removal ultra vires and void.
RATIO DECIDENDI (SOURCE)
"Where the contract of service is protected by statute ... and the removal of the respondent is predicated upon compliance with these statutory provisions, non-compliance with the statutory provisions thereof rendered the respondent's removal ultra vires and void."
EXPLANATION / SCOPE
This reinforces Principles 191, 193, 201, 202, and 275 on statutory flavour employment. Employment contracts “protected by statute” have “statutory flavour”—termination must comply with statutory procedures. Non-compliance makes termination: ultra vires (beyond powers), void ab initio (no legal effect from inception), and unenforceable. This differs from ordinary master-servant relationships where: either party can terminate at will (subject to notice requirements), statutory procedures don’t govern termination, and termination not complying with internal procedures may be wrongful but isn’t void. Statutory flavour employment provides enhanced protection: employers must follow statutory procedures strictly, employees cannot be removed without compliance, and void terminations don’t sever employment. This category includes: civil servants, statutory corporation employees, academic staff under statutory schemes, and others whose employment is governed by statute/regulations. The principle protects such employees from arbitrary removal by requiring adherence to statutory safeguards.