employer creating a hostile work environment. Since the resignation was not truly voluntary, it is in fact, a termination. An example of constructive dismissal might be a situation where an employer forces a senior officer to take instructions from his juniors (where the senior officer is clearly more experienced and competent) or any such other related actions in an attempt to frustrate the employee to the point of resignation.
Employers
might wish to know that the concept of constructive dismissal, though not often
heard of in Nigerian labour and employment issues is no longer alien to this
clime. This is especially as the third alteration to the 1999 constitution
empowers the National Industrial Court of Nigeria (“NICN”) to apply
international best practices in labour in arriving at its decision. Also,
noteworthy in this regard is the provision of section 19(d) of the NICN Act
(2006) which provides that:
“The court
may in all other cases and where appropriate make any order including; an award
of compensation or damages in any circumstance contemplated by this Act or any
other Act of the National Assembly dealing with any matter that the court has
jurisdiction to hear”.
In Miss
Ebere Ukoji v. Standard Alliance Life Assurance Co. Ltd [2014] 47 NLLR (Pt.
154) 531 NIC, the court held that to attempt to have the employee resign,
rather than outright firing the employee means that the employer is trying to
create a constructive discharge.[ii]
Generally,
an employee bringing a claim of constructive dismissal must (1) show that his
employer created a hostile work environment in a bid to get him to resign; and
(2) that the hostile work environment led to his resignation.
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