Appeals Court: Referring an employee for investigation does not indefinitely suspend their resignation

The Court of Appeal upheld the validity of a female employee’s resignation from the Ministry of Electricity, ruling that it is legally binding and that her employment entitlements must be settled.

The Court of Appeal affirmed that referring an employee to an investigation must not be used as a means to obstruct their resignation or leave them in a suspended employment status indefinitely. The court emphasized the administrative authority’s obligation to adhere to legal boundaries and refrain from abusing its powers.

The court upheld a judgment recognizing the resignation of a female employee at the Ministry of Electricity as legally valid, granting her a clearance certificate, a certificate of no outstanding liabilities, and the settlement of her employment entitlements.

In its reasoning, the court clarified that merely referring an employee to an investigation, without taking subsequent concrete actions and leaving the matter pending for an indefinite period, constitutes arbitrary conduct by the administrative authority. Such a reference cannot be used as a pretext to deprive the employee of their right to resign.

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The court stressed that the administration’s authority in handling resignations is not absolute but is subject to legal constraints. It cannot be used to obstruct the employee’s legal status or keep them hostage to an investigative procedure for which no concrete steps have been taken.

Attorney Mohammad Al-Ansari stated that the ruling reinforces the protection of employees from being left in a “suspended employment status” due to an investigation that has not been effectively pursued. He added that disciplinary and investigative procedures must be conducted within legal frameworks and must not be transformed into a means to obstruct employees’ rights and their professional futures.