A CRITIQUE OF THE LEGAL FRAMEWORK AND IMPLICATIONS OF FAIR HEARING ON THE DETERMINATION OF STATUTORILY FLAVOURED EMPLOYMENT CONTRACTS IN NIGERIA

Abstract

This paper employs the doctrinal research method to evaluate the legal parameters for determining contracts of employment with statutory flavor vide termination of appointment or summary dismissal of employee as well as the implications of due process and fair hearing in ensuring validity. This paper concludes that in contracts with statutory flavour, the employer must exercise his legal right to discipline and disengage an employee in accordance with statutorily defined procedures and due observance of fair hearing to ensure validity. It is further concluded that the courts will usually frown at and declare as ultra vires, null and void the termination of appointment or dismissal of an employee where the process for doing so prescribed by the governing statute or regulation is either not complied with at all, or is partially complied with. It is recommended that employers or management should comply strictly to lay down procedures and the principles of natural justice in terminating or dismissing an employee to prevent nullification and reversal by the courts.