HR Talks
with
Moruf Kolawole Nasir (Experienced HR Practitioner)
Continuation of last week's article
2.
On the nature and enforceability of collective agreements:
Exhibit M is the main collective agreement made between the Nigeria Employers
Association of Banks, Insurance Companies and Allied Institutions and the
Association of Senior Staff of Banks, Insurance and Financial Institutions. This
document did not regulate the relationship between the appellant and the
respondent and none of them can sue on it here. Therefore, the call by the
appellant for this court to look at the document and make pronouncements on it
concerning summary dismissal has no legal basis. It was held by the court, that
collective agreements on their own do not give an individual employee the right to
bring an action in respect of any breach of its terms, unless they are accepted to form
part of the terms of employment.
This is good law because the agreement is not made between the employer and his
employee and the law is that, in contract, a non party cannot enforce it, even if it was
made for his benefit.
3. On the power of an employer to hire and fire
The law regarding the relationship between master and servant is settled. The
master has full power to terminate the employment of his servant at any time, for any
reason or indeed, for no reason at all. Provided that the termination of such an
employment should follow the procedure spelt out in contract of service, otherwise
the matter will be liable in damages for breach of the contractual agreement.
In the judgment, Justice Yahaya, JCA affirmed that ‘‘an officer’s appointment can
lawfully be terminated without first telling him what is alleged against him and hearing
his defense or explanations. Similarly, an officer in this class can lawfully be
dismissed without observing the principles of natural justice.
It is not controverted that the employment of the appellant was not governed by
statute and did not have any statutory flavour. It was therefore a master and servant
relationship. Exhibit G, the letter of summary dismissal of the appellant did not give
any reasons for the summary dismissal let alone make any criminal allegation. The
respondent was well within its right as a master to so end the relationship without
giving any reason at all.
The appeal was dismissed.
Exhibit M is the main collective agreement made between the Nigeria Employers
Association of Banks, Insurance Companies and Allied Institutions and the
Association of Senior Staff of Banks, Insurance and Financial Institutions. This
document did not regulate the relationship between the appellant and the
respondent and none of them can sue on it here. Therefore, the call by the
appellant for this court to look at the document and make pronouncements on it
concerning summary dismissal has no legal basis. It was held by the court, that
collective agreements on their own do not give an individual employee the right to
bring an action in respect of any breach of its terms, unless they are accepted to form
part of the terms of employment.
This is good law because the agreement is not made between the employer and his
employee and the law is that, in contract, a non party cannot enforce it, even if it was
made for his benefit.
3. On the power of an employer to hire and fire
The law regarding the relationship between master and servant is settled. The
master has full power to terminate the employment of his servant at any time, for any
reason or indeed, for no reason at all. Provided that the termination of such an
employment should follow the procedure spelt out in contract of service, otherwise
the matter will be liable in damages for breach of the contractual agreement.
In the judgment, Justice Yahaya, JCA affirmed that ‘‘an officer’s appointment can
lawfully be terminated without first telling him what is alleged against him and hearing
his defense or explanations. Similarly, an officer in this class can lawfully be
dismissed without observing the principles of natural justice.
It is not controverted that the employment of the appellant was not governed by
statute and did not have any statutory flavour. It was therefore a master and servant
relationship. Exhibit G, the letter of summary dismissal of the appellant did not give
any reasons for the summary dismissal let alone make any criminal allegation. The
respondent was well within its right as a master to so end the relationship without
giving any reason at all.
The appeal was dismissed.
The
case looked unfair chei? Watch out for the opinions of HR practitioners on the
case and my opinion and advice, in the next edition of HR Talks.
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