The law regarding master and servant is not in doubt. There is also no doubt that the contract of master and servant is subject to both statutory and common law rules. By and large, the master can terminate the contract with his servant at any time and for any reason or for no reason at all. But if he does so in a manner not warranted by the particular contract under review, he must pay damages for breach.
— A. Oputa, JSC. Olaniyan & Ors. v. University of Lagos (1985) – SC.53/1985
SHARE ON
I will hasten to say that it will be a contradiction in terms for a citizen of a Republic, such as Nigeria, to hold his office at the pleasure of the Crown. Which Crown We have no Crown here and public Servants in the established and pensionable cadre of the Federal Government Service are not regarded as employed at the pleasure of the Federal Government. This point was first made in Bashir Alade Shitta-Bey v. The Federal Public Service Commission (1981) 1 SC. 40 at pp. 57/58.
— A. Oputa, JSC. Olaniyan & Ors. v. University of Lagos (1985) – SC.53/1985
As can be seen, the definition of worker under section 91(1) is restrictive given the persons exempted in terms of paragraphs (a) to (f) of the definition. The point is that section 91(1) defines a worker only for the purposes of the Labour Act; as such, not all employees are workers for purposes of the Labour Act. The category of persons under paragraphs (a) to (f) of the definition of a worker may thus be employees but not workers for purposes of the Labour Act. Section 91(1) of the Labour Act defines a worker by reference to an employer i.e. as one who entered into or works under a contract with an employer. So, who is an employer? The same section 91(1) defines an “employer” to mean “any person who has entered into a contract of employment to employ any other person as a worker either for himself or for the service of any other person, and includes the agent, manager or factor of the first-mentioned person and the personal representatives of a deceased employer”. The common denominator in the definition of a worker and an employer is the contract of employment. A “contract of employment” is thus defined by same section 91(1) to mean “any agreement, whether oral or written, express or implied, whereby one person agrees to employ another as a worker and that other personagrees to serve the employer as a worker”.
— B.B. Kanyip, J. Olatunji v UBER (2018) – NICN/LA/546/2017
When the employing authority wants to remove its servant on grounds permitted by Statute, then as Lord Campbell, C. J., observed in Exparte Ramshay (1852) 18 Q.B. 173 at p.190 “the principles of eternal justice” will dictate that the servant cannot be lawfully dismissed without first telling him what is alleged against him and hearing his defence or explanation. Even where the servant had, aliunde, personal knowledge of the offence or reason for his removal that was held to be no substitute for hearing the officer’s explanation:- Reg v. Smith (1844) 5 Q.B. 614.
— A. Oputa, JSC. Olaniyan & Ors. v. University of Lagos (1985) – SC.53/1985
Lord Wilberforce in the case of Malloch v Aberdeen Corporation (1971) 2 All ER 1278 at 1294 said: “One may accept that if there are relationships in which all the requirements of the observance of rules of natural justice are excluded (and I do not wish to assume that this is inevitably so), these must be confined to what has been called “pure master and servant” case, which I take to mean cases in which there is no element of public employment.or service, no support by statute, nothing in the nature of an office or a status which is capable of protection. If any of these elements exist, then in my opinion, whatever the terminology used, and even though in some interpartes aspect the relationship may be called that of master and servant, there may be essential procedural requirements to be observed and failure to observe them may result in a dismissal being declared to be void.”
The ILO Termination of Employment Convention 1982 (No 158) is yet to be ratified by Nigeria. It is however evidence of international labour standards, and international best practice in termination of employment which this Court is obligated to apply; and its recommendations that an employee is entitled to be informed of the reason for the termination of his employment. Section 7 (6) of the National Industrial Court Act 2006 empowers the Court to have due regard to good or international best practices in labour or industrial relations, and what amounts to good or international best practices in labour is a question of fact. Section 254C of the 1999 Constitution (as amended) has empowered this Court to determine whether the Claimant was terminated for a valid reason or for no reason. It is not globally acceptable in industrial relations and practice to terminate the employee’s employment without adducing any reason for doing so, see Petroleum and Natural Gas Senior Staff Association of Nigeria v Schlumberger Anadrill Nig Ltd [2008] 11 NLLR (Pt 29) 164, Aloysius v Diamond Bank Plc [2015] 58 NLLR 52, Uzo Ejekwumadu v Blue Arrow TSW Ltd (unreported) Suit No: NICN/LA/242/2016 judgement delivered March 18, 2021. It is contrary to international labour standards and international best practices for an employer to terminate the employment of its employee without any reason or justifiable reason that is connected with the performance of the employee’s work. This is also contrary to the International Labour Organisation (ILO) decent work agenda with the four strategic objectives of the promotion of rights at work, employment, social protection, and social dialogue.
— O.A. Obaseki-Osaghae, J. Ejiro Peter Amratefa v. Access Bank (NICN/ABJ/106/2022, November 2, 2023)
In any event even where a servant is wrongfully terminated, the contract comes to an end. He has his remedy in damages.
– Karibe-Whyte, JSC. Chukwumah v. SPDC (1993)
Click the icons to like, follow, and join JPoetry