Just Decided Cases

NWAOKORO VS SAPELE URBAN DISTRICT COUNCIL

Legalpedia Citation: (1965-06) Legalpedia 34953 (SC)

In the Supreme Court of Nigeria

Holden At Abuja

Fri Jun 25, 1965

Suit Number: SC 280/1963

CORAM


BAIRAMIAN CHIEF JUSTICE, SUPREME COURT

ONYEAMA JUSTICE, SUPREME COURT

AJEGBO JUSTICE, SUPREME COURT


PARTIES


NWAOKORO

APPELLANTS 


SAPELE URBAN DISTRICT COUNCIL

RESPONDENTS 


AREA(S) OF LAW


TERMINATION OF APPOINTMENT 

 


SUMMARY OF FACTS

The plaintiff/appellant sued the defendant/respondent claiming £80 damages for wrongful dismissal. The court found for the appellant, dissatisfied the respondent appealed to the High Court which allowed the appeal, hence this present appeal.

 


HELD


Appeal dismissed 

 


ISSUES


Whether the regulations on which he relies, which are in Part X of the Local Government (Staff) Regulations, 1960 on “Termination of Appointment”, relate to daily paid employees or to established employees only. 

 


RATIONES DECIDENDI


EFFECT OF THE REGULATIONS OF 1960 ON THE COUNCIL’S POWER UNDER SECTION 32 OF THE LABOR CODE ORDINANCE.


“In our opinion the said Regulations of 1960 do not affect the Council’s power under section 32 of the Labor Code Ordinance (cap. 91 in the 1958 Laws of the Federation etc.) to terminate the employment of daily paid laborers on oral contracts whose employment has been continuous for more than one month, by seven days notice: see subsection (2) (b); the fact that the laborers were paid once a month does not make any difference.” Per BAIRAMIAN, J.S.C.

 


CASES CITED


Vine v. National Dock Labour Board [1956] 3 All E.R. 939 at p. 946 

 


STATUTES REFERRED TO


Labour Code Ordinance cap. 91 in the 1958 Laws of the Federation 

 


CLICK HERE TO READ FULL JUDGMENT

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