LEGAL PRINCIPLE: LABOUR LAW – Master and Servant – Gross Misconduct Justifies Summary Dismissal
PRINCIPLE STATEMENT
An employee's conduct that constitutes gross misconduct, such as taking money from the employer's cashier without giving a cheque, justifies summary dismissal.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Osakwe v. Nigerian Paper Mill Ltd (1998) NLC-361992(SC) at pp. 12–13; Paras C–D.
"I subscribe to the views expressed by the two courts below that plaintiff's conduct in taking the sum of N1,200.00 in cash from the defendant's cashier without giving his cheque for a similar amount constituted gross misconduct justifying summary dismissal as meted to the plaintiff in this case. As his summary dismissal was authorised by Exhibit 3, that dismissal was clearly not wrongful…"
EXPLANATION / SCOPE
Gross misconduct allows summary dismissal without notice. The employer may terminate immediately. The principle applies to acts that undermine trust and confidence. The court will examine whether the conduct meets the threshold for gross misconduct. The rule is based on common law. The employer must prove the misconduct. The employee may challenge the factual basis. The dismissal is not wrongful if authorised by the contract. The principle protects the employer’s interests. The employee forfeits entitlement to notice pay.