LEGAL PRINCIPLE: LABOUR LAW — Civil Service Rules — Paragraph 4202 — Absence Without Leave Renders Officer Liable to Dismissal Without Formality
PRINCIPLE STATEMENT
Paragraph 4202 of the Federal Civil Service Rules provides that any officer who absents himself from duty without leave renders himself liable to be dismissed from service without formality, and the onus rests on him to show that the circumstances do not justify the full penalty.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Udegbunam v. FCDA & Ors (2003) NLC-811999(SC) at p. 10; Paras A–C.
"Paragraph 4202 of the Federal Civil Service Rules provides as follows: 'Any officer or employee who absents himself from duty ... without leave renders himself liable to be dismissed from service without formality and the onus shall rest on him to show that the circumstances do not justify the imposition of the full penalty.'"
EXPLANATION / SCOPE
Absence without leave justifies dismissal without formal proceedings. The principle applies to civil service employment. The burden shifts to the officer to show why the full penalty should not be imposed. The rule is a disciplinary provision. The employer may dismiss for unauthorised absence. The principle is well-established.