An Appraisal of Fair Hearing Principles in Relation to Contract of Employment
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Date
2024-12
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Lead City University, Ibadan
Abstract
Fair hearing is a legal proceeding that ensures justice and impartiality by providing all parties with adequate notice, the opportunity to present evidence, and the ability to challenge evidence and testimony. The decision-maker must be unbiased, and the right to legal representation must be accorded to the parties. This research investigates the principles of fair hearing within employment agreements, emphasizing their critical role in establishing justice and equity in workplaces. It assesses the contemporary challenges and trends that influence the application of these principles, particularly focusing on the National Industrial Court's utilization of international labour standards, such as International Labour Organisation (ILO) conventions and other conventions on human rights to ensure fair hearings, especially in statutory employment context. Moreover, it analyzes how the court addresses the intricacies of master-servant employment dynamics, guaranteeing employees fair hearings despite legal
precedents allowing employers to dismiss them without cause. This research will incorporate doctrinal research, encompassing observational, evaluative, and analytical techniques. The study will examine primary sources of law such as the Constitution of the Federal Republic of Nigeria, 1999 (as amended), statutes, regulations, case law and secondary sources of law such as books, journal articles and the internet to thoroughly appraise the subject. Ultimately, upholding fair hearing principles in employment contracts requires proactive efforts in policy development, training, and adaptation to evolving trends and challenges. The study concluded that the National Assembly should draw on the experiences of other common law jurisdictions to enact laws protecting employees from unfair dismissal in line with best global practices.
Key words: National Industrial Court, ILO Conventions, Statutory Employment, Master-Servant Employment, Proactive Efforts, Dispute Resolution, Best Global Practices..
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Keywords
National Industrial Court, ILO Conventions, Statutory Employment, Master-Servant Employment, Proactive Efforts, Dispute Resolution, Best Global Practices.
Citation
Kate Turabia