An Appraisal of the Practice of Indefinite Suspension Under Nigeria’s Labour Law

Abstract

The employer reserves the right to investigate and discipline the employee for proven wrongdoing. Whenever there is an allegation of wrongdoing or where the employee is proven to have committed a misconduct, the employer can place such an employee on suspension either to aid investigation of as a punishment. However, it has become fashionable for employers to place employees on indefinite suspension during investigation or as a punishment. Several issues are involved where an employer places an employee on indefinite suspension particularly where same is without pay. What is the effect of indefinite suspension on the contract of employment? What is the attitude of the National Industrial Court of Nigeria (NICN) to indefinite suspension? Does indefinite suspension particularly without pay either during investigation or as a punishment amounts to an unfair labour practice? These issues form the crux of this paper.

Keywords: Employee, Employer, Indefinite suspension, Investigation, NICN.

 

DOWNLOAD PDF