When an exployee of a company or organization is accused of misconduct at work, it can mar their reputation or credibility and in cases where such accusations are coming from external people, that are not part of the company, it can also impair the image and reputation of the company. There are circumstances wherein accusations can arise in workplace. Accusations may arise from alleged sexual harassment, homophobia, bribery, stealing or other offensive behavior. However if an employee of a company is falsely accused of misconduct, rather than ignore the problem, they can put up a defence in their favour. This defence can help them save their jobs or avoid criminal prosecution.

There are various legal steps an employer can adopt in handling cases of allegations against its employee. Where some allegations have been made against an employee such as rape, sexual harassment, assault etc. The steps/procedures will be discussed below.

Proper steps to take regarding workplace allegations.

1 . The employer is entitled to set up a panel to investigate the allegations. 

It must be noted that such an investigating panel is not a court of trial; so it is enough if it gives to any of the persons whose names feature in the inquiry the opportunity of making some representations, oral or written, before it. The rules of fair hearing are still adopted here.

The panel of enquiry usually consist a group of at least three persons appointed by the Responsible Administrator to conduct an Inquiry.  The panel must follow due procedure and give each party fair hearing to speak and present evidence in their defence.

2. The panel of inquiry, not being a court of trial, none of the persons whose names feature in the inquiry can insist on any right to cross-examine other persons who make allegations or present memoranda at the inquiry. 

3. Once the panel has concluded its inquiry and makes up its mind that any points had been prima facie made out which point to the fault of any person, the employer must first inform such an employee of the points in the case against him and give him the opportunity to refute, explain or contradict them or otherwise exculpate himself by making any representations or defence thereto before the employer can lawfully use those points as bases for dispensing with his services. 

4. Where those points amount to crime, the case must be reported to the police for investigation and possible prosecution. Where the employee is still on probation and, according to the terms of his employment, his services could be terminated without a hearing, if the accusation against him does not amount to a crime, his services can be terminated without much ado.

For an employer to successfully justify the termination of the employment of his employee which is with statutory flavour, such employer must prove to the satisfaction of the trial Court that the allegation made against the employee was disclosed to him, whereby he was given a fair hearing, and that the disciplinary panel believed that the employee committed the offence after hearing him.

Where the employee was not afforded a fair hearing by the panel set up by the company or organization to investigate the allegation made against him before he was summarily dismissed, it goes to the root of any adjucation no matter how well conducted, it would go to no issue if it offends against the provisions of Section 36 (1) of the Constitution of the Federal Republic of Nigeria, 1999 which provides for right to fair hearing.

Effect of Panel of enquiry not observing the principle of fair hearing 
Where the panel of enquiry did not follow the principle of fair hearing and the employee is suspended and or dismissed, then the termination of employment or suspension becomes wrongful, null and void for not being in accord with the dictates of natural justice and fair play. The Committee’s findings and its report based on it which was submitted to the Organization unacceptable. This means that whatever decision reached can be challenged in a competent court of law.

Conclusion:

Where an employee alleges wrongful dismissal, the onus of proving this assertion, is clearly on his shoulders. He has to show and satisfy the Court, the terms of his employment and the way and manner those terms were breached by the Company.

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