On When Payment of salary in lieu of notice will be ordered by court

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      Where an employee’s appointment has been terminated without the required notice as contained in the terms of employment, the court has the power to order payment of salary in lieu of notice. In the instant case, because the claimant’s employment was terminated without notice as agreed in the letter of employment, he is entitled to one month’s salary in lieu of notice. (P. 733, Paras. A-B)

On Whether contract of employment is subject to statutory enactments and common law rules

      A contract of employment between a master and a servant may be subject to either statutory or common law rules. However whether the contract has a statutory flavour or not before an employee is sacked, he must be given a fair hearing as enshrined in section 33 of the Constitution of the Federal Republic of Nigeria, 1979 (this is im pari materia with section 36 of the 1999 Constitution). In the instant case, there was no evidence that he claimant was not given fair hearing when it was being decided that his right to continue in his employment was to be taken from him by dismissal for being found liable of the allegations of fraud and conversion. [Afribank Nig. Plc. v. Osisanya [2000] NWLR (Pt. 642) 598 @ PP.613-614 para. E – A referred to.]  (P. 729, Paras. E-H, P. 730, Paras. B)