Employee’s Right of Resignation during the Pendency of Disciplinary Action under Nigerian Labour Jurisprudence

Abstract

Under common law and statutes, an employee, has the right to resign from employment subject to the terms and condition of the contract just as the employer, in a master servant employment, retain the right to terminate the employment. The article counterbalances the dictate of public policy which requires an offender to be punished and not left to abdicate from punishment with the constitutional guarantee, rights of freedom of contract prohibition of forced labour and presumption of innocence. The article argues that the latter, preponderate over the former. It analyses modes of determination of employment contract and discusses the dichotomy between termination and dismissal from employment. It notes that Nigerian courts have upheld the employee’s right to resign and the employers to terminate employment contract. It makes vital recommendations on how to balance the contending interests involved in the case of an employee choosing to resign during the pendency of disciplinary action.