TERMINATION OF STATUTORY EMPLOYMENT : AN ANALYSIS OF THE EMPLOYEES’ RIGHT TO FAIR HEARING

ABSTRACT

There exists no state in the contemporary world where the government to an extent does not associate with labour ventures by manner of a regulator, enabler or as a participator; hence the Nigerian Government not only regulates labour-management relations through its enacted labour laws, but also functions by creating employment and so therefore becomes an employment body, an employer if we may, employment relationships takes different forms of employment. There are many forms of employment which will be discussed in this study. Where the servant holds his office at the pleasure of his master, it seems that the master possesses unfettered right to terminate his employment at anytime without incurring any liability. In an ordinary master and servant relationship, the master has unfettered right to terminate the employment. In doing so, he must however comply with the procedure stipulated in the contract, non-compliance with the terms of the contract of employment merely renders the termination wrongful but not null and void as such there will be no reinstatement, as remedy will lie in only awarding damages. The situation is however, different when it comes to employment with statutory flavour which requires strict adherence to the provisions of the statute when it comes to termination. Non-compliance with the provisions of the statute in determination will render the termination void and of course, an order for reinstatement.

It should however be borne in mind that an aggrieved employee must prove that the statute setting up the statutory body contains written or implied conditions of his employment and that the empowering statutory conditions that determine his employment has been breached This position of the law is well laid out in the relevant provisions of the Labour law and case laws. However, employers, particularly, the Civil Service Commission of the various States and their Agencies have often ran afoul of the provisions relating to statutory employment. This research employing the doctrinal methodology aims at critically assessing statutory employment in Nigeria and the right of the employee to fair hearing