LEGAL PRINCIPLE: LABOUR LAW – Gross Misconduct – Conduct Undermining Confidence Warrants Summary Dismissal
PRINCIPLE STATEMENT
Gross misconduct is conduct of a grave and weighty character as to undermine the confidence that should exist between an employee and an employer, warranting summary dismissal.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Nwobosi v. African Continental Bank Ltd (1995) NLC-911991(SC) at p. 17; Paras C–D.
"Gross misconduct has been identified as a conduct that is of a grave and weighty character as to undermine the confidence which should exist between an employee and the employer… To warrant a summary dismissal, it suffices that the conduct of the employee… is of such grave and weighty character as to undermine the relationship of confidence which should exist between the employer and an employee."
EXPLANATION / SCOPE
Gross misconduct is not defined exhaustively; it depends on the circumstances. The conduct must be incompatible with the continuation of the employment relationship. The principle applies to all employment contracts. The employer must have reasonable grounds for belief. The employee may challenge the dismissal as unfair. The court will examine the nature and gravity of the conduct. The rule balances employer discipline with employee protection. The employer need not prove criminal guilt. The standard is whether a reasonable employer could conclude that confidence is undermined.