LEGAL PRINCIPLE: LABOUR LAW — Employment Contracts — Gross Misconduct — Absence Without Leave Justifies Termination
PRINCIPLE STATEMENT
Absence without leave constitutes gross misconduct justifying instant dismissal. A more lenient posture of termination instead of dismissal is proper.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Udegbunam v. FCDA & Ors (2003) NLC-811999(SC) at p. 6; Paras A–B.
"For this misconduct, and I dare say gross misconduct, the plaintiff was liable to instant dismissal. Rather than dismiss him the defendants took a more lenient posture. His appointment was terminated. The two courts below, based on the misconduct of the plaintiff held that the termination of his appointment was proper."
EXPLANATION / SCOPE
Absence without leave is gross misconduct. The principle applies to employment law. The employer may dismiss instantly. The rule recognises the seriousness of unauthorised absence. Termination is a lesser penalty. The principle is well-established.
