LEGAL PRINCIPLE: LABOUR LAW — Resignation — Effectiveness Without Formal Acceptance
PRINCIPLE STATEMENT
A resignation letter takes effect without formal acceptance by the employer; the resignation need not be formally accepted before taking effect.
RATIO DECIDENDI (SOURCE)
"Having regard to the contents of appellant's letter of 2nd July 1992, particularly the portion of it italicized by me in this judgment, the appellant, by that letter, effectively resigned his appointment as Pro-Chancellor and Chairman of Council of Edo State University... The resignation need not to have been formally accepted by the respondents before taking effect."
EXPLANATION / SCOPE
A resignation is effective upon the employee’s clear and unequivocal communication to the employer. Formal acceptance is not required for the resignation to take effect. The employer’s acceptance may be relevant for certain purposes, but it does not retroactively validate or invalidate the resignation. The principle recognises that resignation is a unilateral act. The employee cannot revoke the resignation after it becomes effective without the employer’s consent. The letter itself, if clear, constitutes the resignation. The employer’s silence or failure to accept does not keep the employee in office. The rule applies to both private and public employment. The resignation takes effect according to its terms or immediately if no notice period is specified.