LEGAL PRINCIPLE: LABOUR LAW — Employment with Statutory Flavour — Essential Requirements for Statutory Flavour
PRINCIPLE STATEMENT
For employment to have statutory flavour, the rules and regulations relied upon must: (1) have statutory reinforcement or be mandatory; (2) be directly applicable to the employee; (3) be intended for the protection of that employment; and (4) have been breached in the course of determination.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Idoniboye-Obu v. NNPC (2003) NLC-1621996(SC) at pp. 10–11; Paras A–D.
"The rules and regulations which are claimed by an employee to be part of the terms and conditions of his employment capable of giving it statutory flavour and be of protection to the employee must (I) have statutory reinforcement or at any rate, be regarded as mandatory, (2) be directly applicable to the employee or persons of his cadre, (3) be seen to be intended for the protection of that employment; and (4) have been breached in the course of determining the employment; before they can be relied on to challenge the validity of that determination."
EXPLANATION / SCOPE
Statutory flavour requires specific conditions. The principle applies to labour law. The employee must show the regulation has statutory backing. The rule protects employers from frivolous claims. The employee must prove all four elements. The principle is well-established.
