ABSTRACT
The topic disengagement of private employees and employees on probation reveals the fact that employees work is not permanent and that they are subject to termination or removal by their employers. However, before a termination is done, there are some procedures and steps to be followed, and fair hearing is a crucial part of it. Fair hearing is analogous to natural justice which enjoins all persons to observe certain elementary principles of what is fair when deciding anything that affects the interest of another. It stands on two principles which are audi alteram partem meaning listen to the opposing party and nemo debet esse judex in propria causa which denotes listen to the opposing party.
An examination of judicial decisions in Nigeria, reveals that the courts lean in favour of employers in assessing the grounds for dismissing an employee. Some of these grounds are harsh and may be in breach of the rule of fair hearing. This research focuses on private employees and employees on probation since the classic Supreme Court case of Olaniyan v University of Lagos[1] it has been settled that confirmed public employees cannot be removed unless and until they have been giving fair hearing. While for the private sector employees, they may be removed from office without adducing any reason, without accusation and without a hearing, this is also the case for public employees on contract and on probation.
This project discusses the effect of terminating an employee without a fair procedure. And it also exposes the benefits accruable from impartial, just treatment or behavior without favoritism, discrimination and prejudice, thereby achieving a proper balance of conflicting interest.
[1](1985) 2 NWLR (Pt 9) 559
