LEGAL PRINCIPLE: LABOUR LAW — Contract of Service with Statutory Flavour — Consideration for Work — Principle of “No Work, No Pay” — When Inapplicable
PRINCIPLE STATEMENT
The principle that "the consideration for work is wages and the consideration for wages is work" (no work, no pay) has no application where the employee's absence was due to arrest and prosecution at the employer's instance, not voluntary refusal to work.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Underwater Engineering Co. Ltd. v. Dubefon (1995) NLC-41992(SC) at pp. 9–10; Paras. D–A.
"The case of Browning v. Crumlin Valley Collieries Ltd., which held that 'the consideration for work is wages and the consideration for wages is work', was correctly decided on its peculiar facts and has no application to this case. In that case, the miners refused to work due to unsafe conditions not caused by the employer, and the mine was closed for repairs. Here, the respondent's absence was due to his arrest and prosecution at the appellants' instance, not voluntary refusal to work."
EXPLANATION / SCOPE
“No work, no pay” does not apply when the employer caused the employee’s absence. The principle applies only to voluntary absence. The rule prevents employers from benefiting from their own wrongful acts. The court will examine the cause of absence. The employee is entitled to pay if the employer caused the absence. The principle is well-established.