EMPLOYMENT TERMINATION: HOW FAR CAN THE COURT HELP THE EMPLOYEE?
with
Moruf Kolawole Nasir
(Experienced HR professional)
I did an article on employment relationship on this platform sometime in December 2013 on “employment at will”, where I detailed some conditions surrounding discontinuation of employment relationship. Between then and now, I have had cause to advise a couple of readers on issues relating to unlawful termination of their employment.
It will be observed that in my various write ups, even though I present global best practice, I always give cognizance to our peculiar labour law and practice in Nigeria. While stating the best practice I also try as much as possible to advise readers on the realistic state of things in our clime.
One of the most recent readers who sought my advice, was a Banker and was contemplating taking it up with her employer for terminating her employments “illegally”.
With the recurrence of this issue of “illegal” termination of employment and the mindset of employees, I decided to present the case below from the Appeal Court to enlighten us more on the position of the law on some of the confusing issues surrounding disengagement.
I must quickly say that I copied the case from one of my professional networks on the social media, and the credit should go to Celestina Okere, who brought the case to the platform for discussion.
Again, I should also warn that the case may look technical and complex to understand; never mind, after reading the opinions of HR practitioners you will get the gist better. And to round it all up I will identify the key messages in the case and present my opinion on the case. These might extend to the next edition of HR Desk. Don’t be discouraged read on; it is worth the time and patience.
LABOUR LAW: A CASE OF DISMISSAL FROM EMPLOYMENT WITHOUT GIVING ANY REASON (FROM NECA).
Dear Colleagues, Below is a case study for all to learn from and update our knowledge of the Labour Law. Comments/opinion will be appreciated as we share ideas. The appellant (Mr. S. Anaja) was the sub Manager of operations in the foreign exchange department of the respondent (United Bank of Africa Plc). Upon some discrepancies in the management of some accounts under the appellant, he was queried and he appeared before the senior Staff Disciplinary Committee. After the proceedings, he was summarily dismissed and he consequently filed an action challenging his dismissal as null and void and an infringement on his fundamental rights. 1. On how the relationship between an employer and employee is construed: The relationship between an employer and his employee is generally to be found in the service agreement or letter of employment. 2. On the nature and enforceability of collective agreements: Exhibit M is the main collective agreement made between the Nigeria Employers Association of Banks, Insurance Companies and Allied Institutions and the Association of Senior Staff of Banks, Insurance and Financial Institutions. This document did not regulate the relationship between the appellant and the respondent and none of them can sue on it here. Therefore, the call by the appellant for this court to look at the document and make pronouncements on it concerning summary dismissal has no legal basis. It was held by the court, that collective agreements on their own do not give an individual employee the right to bring an action in respect of any breach of its terms, unless they are accepted to form part of the terms of employment. This is good law because the agreement is not made between the employer and his employee and the law is that, in contract, a non party cannot enforce it, even if it was made for his benefit. 3. On the power of an employer to hire and fire The law regarding the relationship between master and servant is settled. The master has full power to terminate the employment of his servant at any time, for any reason or indeed, for no reason at all. Provided that the termination of such an employment should follow the procedure spelt out in contract of service, otherwise the matter will be liable in damages for breach of the contractual agreement. In the judgment, Justice Yahaya, JCA affirmed that ‘‘an officer’s appointment can lawfully be terminated without first telling him what is alleged against him and hearing his defense or explanations. Similarly, an officer in this class can lawfully be dismissed without observing the principles of natural justice. It is not controverted that the employment of the appellant was not governed by statute and did not have any statutory flavour. It was therefore a master and servant relationship. Exhibit G, the letter of summary dismissal of the appellant did not give any reasons for the summary dismissal let alone make any criminal allegation. The respondent was well within its right as a master to so end the relationship without giving any reason at all. The appeal was dismissed.
The case looked unfair chei? Watch out for the opinions of HR practitioners on the case and my opinion and advice, in the next edition of HR Desk.
Always remember “In learning you will teach, and in teaching you will learn”.
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please can I get the full title of the case above? I am a lawyer and I need similar cases for a case I’m working on, thank you