LABOUR LAW — Employer’s Power of Discipline — Irregular Practice — Need Not Be Proved in Court of Law
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Imonikhe v. Unity Bank Plc (2011) NLC-123-68-2003(SC) at p. 26; Paras A—C:
"Can it be said that the above also has to be proved in a court of Law?. I do not think so. By the conditions of service of any organization properly so called an employer ought to be able to discipline erring employees and that was precisely what the respondent did."
Explanation / Scope
This principle establishes that an employer’s power to discipline erring employees under the conditions of service does not require proof in a court of law. The principle applies in employment disciplinary matters. It ensures that employers can exercise disciplinary powers. The principle reflects the employer’s authority. It prevents unnecessary court intervention. The court must recognize the employer’s power. The principle provides guidance on employer’s discipline.