LEGAL SENSE (Hint 41)
by ANSLAM C. AGIM, ESQ
“Conditions Precedent To Termination Of Employment With Statutory Flavour”
Employment with Statutory Flavour is the employment whose procedure of appointment and termination is governed and regulated by statute. It is mostly operated by statutory bodies in public sector.
In the case of CHUKS V. COMP-GEN., N.P.S (2018) ALL FWLR (PT. 944) PAGE 737 @ P. 773 – 774, PARAS F – B; the Court in its decision on employment with statutory flavor held that “An employment which is protected by statute is required by law to be terminated in accordance with the procedure prescribed or laid down by the relevant statute. When an employee’s engagement in this class is terminated by means of a procedure which is inconsistent with the statute, the purported termination would be declared null and void, and accordingly set aside. In addition, in an employment with statutory flavor, where the allegation against an employee is based on a criminal allegation, invariably, the employee cannot be validly dismissed or penalized unless and until he has been tried in a court of competent jurisdiction or tribunal. Basically, any punishment meted out or action taken against the employee without first determining his guilt in a court or tribunal as provided by the Constitution, will amount to breach of the employee’s right to fair hearing“.
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