Procedure for dismissal of employee for criminal offence where the employment is governed by Statutes or the Civil Service Regulations

"The appellant was dismissed for wanton disobedience to his employer's directives and for course of conduct prejudicial to respondents business.

The cases relied on by learned counsel for the appellant, i.e., cases governed by Statute or the Civil Service Regulations, to wit: Denloye v Medical Disciplinary Committee (1968) All NLR P.306 Federal Civil Service Commission v Laoye (1989) 2 NWLR Pt.1106 P.652 to mention a few, are cases where the employment is governed by Statutes or the Civil Service Regulations.

If any of the employees in such cases are to be disciplined for criminal offence, the contract of employment makes it clear that criminal allegations must be heard by a court before it can be said the allegation is established." Per RHODES-VIVOUR, J.S.C. (P.36, Paras.C-G) - read in context

"In cases of dismissal, the fundamental consideration is to examine the contract of employment and see if it is:

(a) Master Servant; or one;

(b) Protected by Statute or Special Status."

Per RHODES-VIVOUR, J.S.C. in P. C. MIKE EZE v. SPRING BANK PLC.
CITATION: (2011) LPELR-SC.69/1998