LEGAL PRINCIPLE: LABOUR LAW — Employment with Statutory Flavour — Two Vital Ingredients
PRINCIPLE STATEMENT
Two vital ingredients must co-exist for employment to have statutory flavour: (1) the employer must be a body set up by statute; (2) the stabilising statute must make express provisions regulating the employment, especially in matters of discipline.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Idoniboye-Obu v. NNPC (2003) NLC-1621996(SC) at pp. 20–21; Paras D–A.
"Two of the vital ingredients that must co-exist before a contract of employment may be said to import statutory flavour include the following:- 1. The employer must be a body set up by statute. 2. The stabilising statute must make express provisions regulating the employment of the staff of the category of the employee concerned especially in matters of discipline."
EXPLANATION / SCOPE
Statutory employment requires a statutory employer and statutory provisions regulating discipline. The principle applies to labour law. Both conditions must co-exist. The rule is clear. The employee must prove both elements. The principle is well-established.