LEGAL PRINCIPLE: LABOUR LAW — Termination — Fair Hearing in Private Employment Requires Notice and Opportunity to Explain
PRINCIPLE STATEMENT
In cases of misconduct bordering on criminality, all that is required of an employer before summarily dismissing an employee is to give him fair hearing by confronting him with the accusation made against him and requiring him to defend himself.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Arinze v. FBN Ltd (2004) NLC-822000(SC) at pp. 9–10; Paras E–A.
"In cases of misconduct bordering on criminality, all that is required of an employer before summarily dismissing an employee is to give him fair hearing by confronting him with the accusation made against him and requiring him to defend himself."
EXPLANATION / SCOPE
Fair hearing in employment disciplinary proceedings requires only two elements: (a) confronting the employee with the accusation, and (b) requiring the employee to defend himself. No formal trial, legal representation, or adherence to court procedure is required. This serves protecting employees from arbitrary dismissal while preserving employer’s operational efficiency. The court cannot impose judicial trial standards on internal disciplinary proceedings, as employment fairness requires only notice and opportunity to respond, not full adversarial procedure.