LEGAL PRINCIPLE: LABOUR LAW — Resignation — Waiver of Notice Period
PRINCIPLE STATEMENT
Where the employer assures the employee that the notice period will be waived, it is no longer a condition; the resignation is effective immediately without the notice.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Yesufu v. Gov. Edo State & Ors (2001) NLC-701996(SC) at p. 15; Paras B–C.
"As to the requirement of six months notice of his resignation, the Governor assured the plaintiff that he would waive it. It was no longer a condition since the Governor alone would complain that the plaintiff did not give the necessary notice and he has not complained. So there was no condition attached to the letter of resignation."
EXPLANATION / SCOPE
The employer may waive the contractual notice period for resignation. Once waived, the resignation takes effect immediately. The employee does not need to serve the notice period. The employer cannot later complain about lack of notice after waiving it. The principle recognises that notice requirements are for the employer’s benefit and can be relinquished. The waiver may be express or implied from conduct. The employee is entitled to rely on the employer’s assurance. The resignation letter may be conditional on waiver; once waived, the condition is satisfied. The rule applies to both public and private employment. The employer’s representative with authority can grant waiver.