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SCOPE OF EMPLOYER’S DUTY TO EMPLOYEE INCLUDES TAKING REASONABLE CARE

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The law is of common that the scope of an employer’s duty to its employee to take reasonable care for the safety of his workman and other employee in the course of their employment, this duty extends in particular to the safety of place of work, the plant and machinery and the method and conduct of work. Duty of care as an act or omission, has its origin on the concept of foreseeability as decided in the old case of Heaven v. Pencher (1983) 11 QBD 503 at 509 where Bret M.R. said “Whenever one person is by circumstance placed in such a position with regard to another, that everyone of ordinary sense who did think would at once recognise that if he did not use ordinary care and skill in his own conduct with regard to the circumstances he would cause danger, injury to the person or property of the other, a duty arises to use ordinary care skill and avoid such danger.”

— O. Oyewumi, J. Aseidu v Japaul (2019) – NICN/AK/01/2016

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APPOINTED TO A POST BY A TERM OF STATUTE

Obeta v. Okpe (1996) 9 NWLR (Pt. 473) page 401 at pages 433 – 434, it was held thus:- “The proposition of law that a person appointed to a post for a term by statute has right to serve out his statutory term of his appointment is correct. He cannot be removed from the office by any person during the period except for a misconduct or when the, master body or institution he is appointed to serve dies or ceases to exist.”

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BECAUSE AN EMPLOYER IS A CREATION OF STATUTE DOES NOT MEAN EMPLOYEE IS A CREATION OF STATUTE

It is necessary to also state that the fact that an employer is a creation of statute or statutory body, does not without more, raise the legal status of its employees over and above the normal common law master and servant relationship. Also, the fact that a person is pensionable Federal public servant does not mean that his contract of employment is protected by statute. Whether a contract of employment is governed by statute or not depends on the interpretation of the contractual document or the applicable statute. The character of an appointment and the status of the employee is determined by the legal character of the contract. Contracts of employment are determinable by the agreement of the parties’ simplicita. See the cases of ALHASSAN V. ABU ZARIA [2011] 11NWLR (PT. 1259, 417 @ 464;NITEL V JATTAU [1996] 1 NWLR (PT. 425) 392 CA; INSTITUTE OF HEALTH AHMADU BELLO UNIVERSITY HOSPITAL MANANGEMENT BOARD V MRS JUMMAI R.I ANYIP [2015] 6 ACELR PAGE 27.IMOLOAME V. WAEC (1992) 9 NWLR(PT. 265) 303.

— O. Oyebiola, J. Yakubu v. FRCN (2016) – NIC/LA/673/2013

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THREE CATEGORIES OF CONTRACT OF EMPLOYMENT

In C.B.N v Igwillo (2007) 4-5 SC 154 @ 172 lines 25-40 to be as follows: “The law is settled that there are now roughly three categories of contracts of employment viz: (a) those regarded as purely master and servant; those where a servant is said to hold office at the pleasure of the employer;...

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MOTIVE IRRELEVANT IN EMPLOYMENT DISMISSAL

The master can relieve the employee of his job with or without a reason. Motive for so doing is not relevant, see Geidam v. NEPA (2001) 2 NWLR (Pt. 696) 45. Be that as it may, if the determination is in breach of a term of the contract of employment, the court cannot, by its...

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