The national industrial court steming of the unfair labour practice of forced resignation in Nigeria

Abstract

In employment contract, the doctrine of freedom of contract prohibits forced labour. Thus, subject to the statute or terms and conditions of employment, the parties can bring the contract to an end. While the employer has the power of termination/dismissal, the employee has the right of resignation. Resignation by its nature, is intended to be voluntary, however, some employers have resorted to compelling employees to resign from their employment. This is known as forced resignation. The purpose is to get rid of the employee while creating the impression that the cessation of the employment contract was voluntary at the instance of the employee. This shambolic practice is an unfair labour practice perpetuated despite unprecedented high level of unemployment and underemployment with no measures being put in place by the government to address the monster. Forced resignation, aside being an unfair labour practice, is antithetical to security of employment with its multiple socio-economic effects. This paper adopts doctrinal methodology in examining the legal and socio-economic effects of forced resignation on employment relations in Nigeria; and analyses the strides of the National Industrial Court of Nigeria (NICN) towards stemming same, especially by banks. It is found that the NICN has declared forced resignation as wrongful/unlawful constructive dismissal, entitling the affected employee to damages. It makes vital recommendations on how to stem the ugly tides of forced resignation in Nigeria.