The right to suspend an employee when necessary, either as a punishment or to enable the investigation of an infraction, is an integral part of the employer’s right to discipline an employee. In fact, the Court of Appeal in Elizabeth v Ondo State Judicial Service Commission & Anor (2021) LPELR-55177(CA) held that an employer has the right to discipline any erring employee in the interest of the organization or establishment.
The nature of suspension of an employee is to ensure that the employer will have the opportunity to investigate the allegations against the employee unhindered and without undue interference from the employee being investigated.
In one of our previous articles, we informed our esteemed readers that during this period of suspension, an employer is expected to pay the suspended worker’s salary unless the contract of employment states otherwise. You can read it Here
Today, the legal question is, can an employee who is suspended, during that period of suspension, resign from work? This question came up for consideration in University of Calabar Teaching Hospital & Anor v Bassey (2008) LPELR-8553(CA).
In that case, the respondent, who was the plaintiff at the Court below, joined the employment of the 1st appellant on the 26/9/97. On 1/7/2002, she was suspended from work without pay on the ground of an alleged case of financial impropriety involving the sum of N2 million. She subsequently resigned from her appointment in March 2004. Apparently, the appellants did not accept the resignation of the respondent and on 3/5/04, she was given a letter of dismissal for an alleged act of financial impropriety involving the sum of N11 million. The respondent, unhappy with the turn of events, instituted proceedings against the appellants.
In answering the legal question, the court held that where an employee is placed on suspension, he or she cannot resign and if he or she applies for resignation, it will not be allowed.
Thank you for reading. See you next week.
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