SINGLE BLOG ARTICLE

The Basic Conditions of Employment Act (BCEA) sets out a number of notice periods that an employee needs to give if they tender their resignation. However, can an employee resign with immediate effect? The case of The Standard Bank of South Africa Limited v Nombulelo Cynthia Chiloane (Case No. JA85/18) [2020] ZALAC (5 November 2020) answers this question.

Facts Of This Case Dealing With Resignation

The employee was given notice to attend a disciplinary hearing for misconduct. The charge against the employee was that she had cashed a cheque without following proper procedures.

On the day that the employee received the notice to attend the disciplinary hearing, she tendered her “resignation with immediate effect”. The employer assumed that the employee had to serve four-weeks notice period. The employee argued that her letter of “resignation with immediate effect” ended the employment relationship completely.

The hearing continued in her absence and the employee was subsequently found guilty and a sanction of summary dismissal was imposed.

The employee approached the Labour Court on the legal point that the contract had ended on her immediate resignation. The Labour Court found that once an employee hands in her resignation, which indicates that the resignation is with immediate effect, the employment relationship comes to an immediate end. The employer has no right to insist that the employee serves his/her notice period.

The Labour Court found the disciplinary hearing was therefore “null and void”.

On appeal to the Labour Appeal Court (LAC), the LAC stated that in the event of either party terminating their relationship, the giving of four weeks’ notice was still applicable.

Attend The Mid Year Labour Law Update Hosted By Global Business Solutions

At the Mid Year Labour Law Update, our host – labour law expert, Jonathan Goldberg – discusses cases such as these which have a significant bearing on your business and HR practices. Follow this link to choose your date and to book.

RELATED POSTS

Compulsory Vaccination: To Compel At Your Workplace Or Not?

Posted on August 3, 2021

The Importance Of Employee Performance Management Policies

Posted on July 14, 2021

The Treadmill Of Life

Posted on July 12, 2021

The Winds Of Change Are Upon Us

Posted on June 21, 2021

The Secret Of Your Future Is Hidden In Your Daily Routine

Posted on June 11, 2021

Diversity Matters

Posted on June 4, 2021

Defining And Measuring Performance Within Diverse Work Conditions

Posted on May 28, 2021

Can An Employer Question A Disciplinary Hearing Conducted By A Third Party?

Posted on May 26, 2021

11 Key Things Organisations Need To Do To Ensure Baseline POPI Compliance By 30 June 2021

Posted on May 26, 2021

When The Employer Is Too Quick On The Draw In A Misconduct Dismissal

Posted on May 24, 2021