LEGAL PRINCIPLE: LABOUR LAW — Termination of Employment — Distinction Between Dismissal and Termination — Employer’s Discretion to Impose Lesser Punishment
PRINCIPLE STATEMENT
An employer has discretion to give a lesser punishment to an employee but has no discretion to give a higher punishment. Since termination is a lesser punishment than dismissal, the employee has no right to complain.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Udegbunam v. FCDA & Ors (2003) NLC-811999(SC) at p. 10; Paras A–B.
"An employer has a discretion to give lesser punishment to an employee but it has no discretion to give a higher punishment. Since termination of appointment is a lesser punishment, the appellant has no right to complain."
EXPLANATION / SCOPE
Employer may impose a lesser penalty, but not a higher one. The principle applies to employment law. Termination is lesser punishment than dismissal. The rule protects employees from arbitrary higher penalties. The employee cannot complain about receiving a lesser penalty. The principle is well-established.