LEGAL PRINCIPLE: LABOUR LAW — Resignation — No Requirement of Reply or Acceptance
PRINCIPLE STATEMENT
A notice of resignation is good without any reply or acceptance; it is not necessary for the employer to reply that the resignation is accepted.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, adopting Ademola, CJF in Benson v. Onitiri, in Yesufu v. Gov. Edo State & Ors (2001) NLC-701996(SC) at pp. 11–12; Paras E–A.
"I am of the view that a notice of resignation to either is good, nor do I think it necessary for the board or anybody else to reply that the resignation is accepted."
EXPLANATION / SCOPE
Resignation is effective upon communication, not upon acceptance. The employer need not reply or formally accept. Silence does not invalidate the resignation. The principle prevents employers from holding employees in employment against their will by simply not responding. The employee’s clear expression of intent is sufficient. The employer may later acknowledge the resignation, but that is not a condition precedent. The rule applies regardless of whether the resignation is in writing or oral. The employer cannot argue that the resignation was not effective because no acceptance was communicated. The notice speaks for itself. The employee is free to leave after the notice period expires.