Summary Dismissal Based On An Allegation Of Misconduct Bordering On Crime

Summary dismissal is the common law right ofnot a requirement under the constitution that
the employer to determine the contract ofbefore an employer summarily dismisses his
service of an employee without notice oremployee from his services, that the employee
payment in lieu of notice on account of grossmust be tried in a court based on allegation of
misconduct on the part of the employee whichcrime. However, an employee ought to be tried
strikes at the root of the contract. It is the firingbefore a court of law where the accusation
of the employee by the employer. Employers ofagainst the employee is for gross misconduct
labour normally exercise this right when theamounting to a criminal offence. Under section 36
employee commits serious misconduct.of the 1999 constitution of the Federal Republic of
A dismissed employee does not enjoy terminalNigeria provides that, in the determination of his
benefits which an employee whose services arecivil rights and obligations including any question or
terminated enjoys, like gratuity and severancedetermination by or against any government or
pay. Unlike summary dismissal, Termination is aauthority, a person shall be entitled to a fair
less severe form of involuntary termination ishearing within a reasonable time by a court or
often referred to as a layoff (redundancy orother tribunal established by law and constituted in
being made redundant in British English). A layoff issuch a manner as to secure its independence and
usually not strictly related to personalimpartiality. Therefore, it is wrong for an employer
performance but due to economic cycles or thewho accuses an employee of criminal misconduct
company's need to restructure itself, or a changeto constitute itself into a prosecutor and judge in
in function of the employer (for example, aits own case. The employer cannot constitute
certain type of product or service is no longeritself a court and try its employee for offences
offered by the company and therefore jobswhich are clearly offences against the State. It is
related to that product or service are no longera usurpation of the functions of the courts, if
needed). One type of layoff is the aggressivesection 6 of the 1999 constitution of the Federal
layoff. Under such a situation the employee is laidRepublic of Nigeria must thrive.
off for a just cause but is never replaced and theFinally, an employer that summarily dismisses an
job is eliminated. Often, layoffs occur as a resultemployee for misconduct bordering on crime
of "downsizing", "reduction in force", ormust bring the employee to be tried by the
"redundancy". These are not technically classifiedregular courts or tribunals set up in accordance
as firings. A laid-off employees job is terminatedwith the law. The employee must be tried in a
and not re-filled, because the company wishes tocourt of law where the complaints of his accusers
reduce its size or operations, or otherwise lackscan be ventilated in public and where he would be
the economic stability to retain the position. Insure of getting fair hearing, to enable the
some cases, a laid-off employee may be offeredemployee not only to vindicate his name, but also
re-hire by his/her respective company, though byenjoy the statutory protection offered by the
this time, he/she has often found a new job.constitution. Failure to bring an employee, who is
Where an employee persists in refusing to obeyaccused of misconduct bordering on crime before
his employers orders, the employer will bethe law courts in Nigeria, violates the provisions of
justified in dismissing him, as the employer is notthe Nigerian constitution.
bound to keep a burdensome employee. Also, it is