LEGAL PRINCIPLE: LABOUR LAW – Master and Servant – Wrongfulness of Dismissal Determined by Contract of Service
PRINCIPLE STATEMENT
What determines the wrongfulness or otherwise of a dismissal is the contract of service, not any notion of fair hearing. The employer is not obliged to act quasi-judicially but administratively.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Osakwe v. Nigerian Paper Mill Ltd (1998) NLC-361992(SC) at pp. 10–11; Paras B–C.
"What determines the wrongfulness or otherwise of the plaintiff's dismissal is the contract of service and not any notion of fair hearing. In my respectful view, the Board was not obliged to, and did not, act quasi-judicially but rather, purely administratively."
EXPLANATION / SCOPE
The contract of service governs the relationship. Wrongfulness is determined by whether the dismissal complied with the contract. Fair hearing is not a requirement. The principle applies to private employment. The employer acts administratively. The employee’s remedy is damages for breach of contract. The exception is statutory employment. The court will examine the terms of the contract. The rule is based on common law principles. The employer may terminate with notice or for cause. The employee cannot claim unfair dismissal under the Constitution.