LEGAL PRINCIPLE: LABOUR LAW – Contract of Service – Common Law Right of Summary Dismissal Incorporated into Collective Agreement
PRINCIPLE STATEMENT
The common law right of an employer to summarily dismiss an employee for gross misconduct is incorporated into a collective agreement by reference to "the law," and the employer retains that right.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Nwobosi v. African Continental Bank Ltd (1995) NLC-911991(SC) at p. 15; Paras B–C.
"The law referred to in this Article is certainly the common law and it is incorporated into Article 5(d) by reference… An employer has a common law right to dismiss any employee without notice on the grounds of the employee's gross misconduct."
EXPLANATION / SCOPE
Collective agreements incorporate common law principles unless expressly excluded. The employer’s right to summarily dismiss for gross misconduct is part of the common law. The principle applies to employment contracts governed by collective agreements. The employee is deemed to accept the common law terms. The rule protects the employer’s right to maintain discipline. The employee cannot rely on the absence of express provisions. The court will interpret the collective agreement as incorporating settled common law. The principle promotes clarity in employment relations.