LABOUR LAW — Dismissal for Criminal Allegation — When Employer May Rely on Accusation of Crime — Proof Beyond Reasonable Doubt Required
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Imonikhe v. Unity Bank Plc (2011) NLC-123-68-2003(SC) at p. 26; Paras A—B:
"Accusations of crime must be proved beyond reasonable doubt in a court of competent jurisdiction before an employer can rely on an accusation of crime to dismiss an employee."
Explanation / Scope
This principle establishes that accusations of crime must be proved beyond reasonable doubt in a court of competent jurisdiction before an employer can rely on them to dismiss an employee. The principle applies in employment dismissals based on criminal allegations. It ensures that criminal accusations are properly proved. The principle reflects the higher standard for criminal allegations. It prevents dismissals based on unproved criminal accusations. The court must require proof beyond reasonable doubt. The principle provides guidance on dismissal for criminal allegations.