Monday 18 January 2016

On Test for determining whether suspicion was reasonable where an employer discipline on an employee based on suspicion -





         
Odiase v. Auchi Polytechnic, Auchi [2015] 60 N.L.L.R (Part 208)   1                 


On Test for determining whether suspicion was reasonable where an employer discipline on an employee based on suspicion -
    
   Where suspicion is the basis of exerting disciplinary action on employee, in such cases it is open to the court to enquire if a reasonable employer could honestly have come to hold such suspicion on the particular facts of the case  and if the answer is "yes" then the court could not enquire further into the matter, that is to say, into the propriety or otherwise of acting on the suspicion. In the instant case, the trial court looked at this side of the appellant's case and came to the conclusion that the suspicion leading to the ultimate act of summary dismissal of the appellant was well founded. In this regard, the respondent reserve the right to suspend the appellant based on suspicion and within six months thereof to conduct investigation regarding the suspicion and to reinstate the appellant to his employment on being exonerated by the investigation in line with Art. 4(iii) and (iv) of Exhibit “1”. (P. 214, Paras. B-C, F-G)


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